BILL NUMBER: SB 1113 CHAPTERED
BILL TEXT
CHAPTER 208
FILED WITH SECRETARY OF STATE JULY 31, 2004
APPROVED BY GOVERNOR JULY 31, 2004
PASSED THE SENATE JULY 29, 2004
PASSED THE ASSEMBLY JULY 28, 2004
AMENDED IN ASSEMBLY JULY 27, 2004
AMENDED IN ASSEMBLY JUNE 29, 2004
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 12, 2004
An act making appropriations for the support of the government of
the State of California and for several public purposes in
accordance with the provisions of Section 12 of Article IV of the
Constitution of the State of California, and declaring the urgency
thereof, to take effect immediately.
(Approved by Governor July 31, 2004. Filed with Secretary of
State July 31, 2004.) I object to the following appropriations
contained in Senate Bill 1113.
Item 0555-001-0028 --For support of Secretary for
Environmental Protection. I reduce this item from $1,444,000 to
$982,000.
I am deleting the $462,000 legislative augmentation to assist the
metal plating industry in complying with existing state regulations
regarding the disposal of hazardous waste containing hexavalent
chromium. This reduction is necessary to limit program expansions and
provide for a prudent fund reserve in light of the declining balance
in the Unified Program Account.
Item 0555-001-0044 --For support of Secretary for
Environmental Protection. I revise this item by reducing:
(1) 30-Support from $10,113,000 to $8,151,000;
(5) Amount payable from the Unified Program Account (Item
0555-001-0028) from -$1,444,000 to -$982,000; and by deleting:
(11.5) Amount payable from the Hazardous Waste Reduction Loan
Account (Item 0555-001-0828) (-1,500,000).
I am revising this item to conform to the actions I have taken in
Items 0555-001-0028 and 0555-001-0828.
Item 0555-001-0828 --For support of Secretary for
Environmental Protection. I delete this item and Provision 1.
I am deleting the $1,500,000 legislative augmentation to assist
the metal plating industry in complying with existing state
regulations regarding the disposal of hazardous waste containing
hexavalent chromium. While certified unified program agencies are
intended to assist businesses, it is not appropriate to single out a
particular industry for special assistance for failure to comply with
environmental rules.
Item 0690-102-0001 --For local assistance, Office of
Emergency Services.
I am sustaining the $2,000,000 legislative augmentation related to
funding 10 domestic violence programs. This augmentation will ensure
services for domestic violence victims are protected in all
communities. However, I am directing the Office of Emergency Service
(OES) to incorporate these funds into the existing funding for
domestic violence shelters and allow the 10 shelters to obtain
funding through the grant process currently administered by OES.
Providing a separate appropriation for these 10 particular shelters
would create an inequitable process, and would allocate more funding
per shelter compared to the other 75 shelters that receive funding.
Item 1111-003-0001 --For support of Consumer Affairs. I
reduce this item from $450,000 to $365,000 by reducing:
(1) 40-Office of Privacy Protection from $485,000 to $400,000.
I am deleting the $85,000 legislative augmentation which would
provide funding for the Office of Privacy Protection. Given the
fiscal condition of the State, this reduction is necessary to help
build a prudent reserve and bring ongoing expenditures in line with
existing resources over the longer term.
Item 1760-492 --Reappropriation, Department of General
Services. I revise this item by deleting Schedule (2.5).
I am eliminating the availability of funding provided to the City
of Oakland for the seismic retrofit of the Police Administration
Building . Funds have been available since 1994 and the city is still
unable to provide the required matching funds to receive the
resources. If the city is able to commit the funds in the future, I
will reconsider this request.
Item 1880-001-0001 --For support of State Personnel
Board. I reduce this item from $3,888,000 to $3,753,000 by reducing:
(3) 50.01-Administrative Services from $2,798,000 to $2,663,000.
In recognition of potential workload increases associated with the
end of the hiring freeze, I am sustaining $465,000 of this $600,000
legislative augmentation to provide funding for staff in the
Bilingual Services Unit, the Appeals Division, the Examination
Services Unit, and for information technology services. I am deleting
the $135,000 for temporary help and related costs. In addition, I am
directing the State Personnel Board to develop performance-based
measures to evaluate its effectiveness.
Item 2240-105-0001 --For transfer to the Emergency
Housing and Assistance Fund. I reduce this item from $5,300,000 to
$4,000,000.
I am reducing the $1,300,000 legislative augmentation for transfer
from the General Fund to the Emergency Housing and Assistance Fund
to help build a prudent reserve and bring ongoing expenditures in
line with existing resources over the longer term. With these
reductions, $4,000,000 still remains to support the Emergency Housing
and Assistance Program (EHAP), which grants funding to local
agencies that provide homeless shelter beds and related services.
Item 2240-490 --Reappropriation, Department of Housing
and Community Development. I delete this item.
I am deleting the reappropriation of $400,000 in grant funds
originally made available in 2001 but never spent by the City of
Orange Cove . The 2004-05-budget plan assumes that these funds as
well as others that reverted to the General Fund on July 1, 2004 ,
would be available as a resource for the 2004-05 budget.
Item 2600-001-0042 --For support of California
Transportation Commission. I reduce this item from $651,000 to
$613,000.
I am reducing this item by $38,000 to conform to the action I have
taken in Item 2660-001-0046.
Item 2600-001-0046 --For support of California
Transportation Commission. I reduce this item from $1,000,000 to
$932,000 by reducing:
(1) 10-Administration of California Transportation Commission
from $1,651,000 to $1,545,000, and
(2) Amount payable from the State Highway Account, State
Transportation Fund (Item 2600-001-0042) from -$651,000 to -$613,000.
I am deleting the $106,000 legislative augmentation to increase
staffing at the Commission to restore a Legislative Deputy position
that was eliminated in 2003-04 subsequent to being vacant for one
year. Given the fiscal condition of the State, this reduction is
necessary to bring ongoing expenditures in line with existing
resources over the longer term.
Item 2665-001-0046 --For support of High Speed Rail
Authority. I reduce this item from $1,819,000 to $1,099,000 and by
deleting Provision 1.
I am deleting the $720,000 legislative augmentation for the
completion of the final draft of the High Speed Rail Environmental
Impact Report (EIR). The Authority has been fully funded to complete
the EIR but reports that it redirected a portion of these funds to
the draft EIR when required to perform additional work on that
document by federal agencies. Given the fiscal condition of the
State, this reduction is necessary to bring ongoing expenditures in
line with existing resources over the longer term.
I am also revising this item by deleting Provision 1. This
provision would have restricted the use of $300,000 of this item to
the legal defense of the environmental documents. By deleting this
language I am providing the Authority with the budgetary flexibility
it will need to meet its priorities.
Item 3340-001-0001 --For support of California
Conservation Corps. I reduce this item from $25,373,000 to
$23,773,000 by reducing:
(1) 10-Training and Work Program from $57,256,000 to $55,656,000.
I am reducing this item by $1,600,000 and 14 positions for the
operation of the Ukiah residential facility. The California
Conservation Corps is a valuable program that helps protect the
environment and promote leadership skills for young men and women.
However, in light of the State's current fiscal condition, the Ukiah
residential facility was selected for conversion to a non-residential
facility after a thorough review of all facilities because there are
two other Corps residential facilities, Leggett and Shasta Pacific,
nearby that also provide services to the Ukiah area. After the
conversion, 15 corps members and one Corps employee will remain at
the facility.
Item 3790-494 --Reappropriation, Department of Parks
and Recreation. I delete this item.
I am deleting this legislative reappropriation for three local
parks projects. I am deleting the General Fund reappropriation for
the renovation and repair of the La Palma Community Center . Given
the fiscal condition of the State, this reduction is necessary to
help build a prudent reserve and bring ongoing expenditures in line
with existing resources over the longer term. I am also deleting the
reappropriation of Proposition 12 bond funds for the Paxton-Arleta
Softball/Soccer Field. This use of Proposition 12 bond funds is
inconsistent with the purpose for which the funds were originally
appropriated and therefore not eligible for reappropriation. Finally,
I am deleting the reappropriation for the Community Build Youth
Center . These bond funds were appropriated in the Budget Act of 2000
and more than adequate time has passed for the funds to be expended
for this purpose.
Item 3940-001-0001 --For support of State Water
Resources Control Board. I revise this item by reducing:
(1) 10-Water Quality from $387,080,000 to $386,878,000, and
(7) Amount payable from the Waste Discharge Permit Fund (Item
3940-001-0193) from -$55,913,000 to -$55,711,000.
I am revising this item to conform to the action I have taken in
Item 3940-001-0193.
Item 3940-001-0193 --For support of State Water
Resources Control Board. I reduce this item from $55,913,000 to
$55,711,000.
I am deleting the $202,000 legislative augmentation for activities
related to the development of statewide septic tank system
standards. The State Water Resources Control Board will continue its
efforts to develop the standards with the remaining $287,000 during
2004-05, and will not need the additional resources provided by this
augmentation.
Item 4260-001-0001 --For support of Department of
Health Services. I delete Provision 3 of this item to make a
technical correction to the Budget Bill.
Provision 3 in Item 4260-001-0001 refers to provisional language
in Item 4260-111-0001 that was removed from the Budget Bill, and is
therefore no longer necessary.
Item 4260-001-0890 --For support of Department of
Health Services. I delete Provision 5.
I am deleting Provision 5, which would require the Department of
Health Services (DHS) to include in its application for funding from
the federal Centers for Disease Control and Prevention's (CDC) Public
Health Preparedness and Responses to Bioterrorism Program a request
for the establishment of reporting procedures for low-level
radioactive waste. Notwithstanding the merits of reporting l
LEGISLATIVE COUNSEL'S DIGEST
SB 1113, Committee on Budget and Fiscal Review. 2004-05 Budget.
This bill would make appropriations for support of state
government for the 2004-05 fiscal year.
The bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.00. This act shall be known and may be cited as the
"Budget Act of 2004."
SEC. 1.50. (a) In accordance with Section 13338 of the
Government Code, as added by Chapter 1284, Statutes of 1978, and
as amended by Chapter 1286, Statutes of 1984, it is the intent of the
Legislature that this act utilize a coding scheme compatible with the
Governor's Budget and the records of the Controller, and provide for
the appropriation of federal funds received by the State and
deposited
in the State Treasury.
(b) Essentially, the format and style are as follows:
(1) Appropriation item numbers have a code which is common to
all the state's fiscal systems. The meaning of this common coded item
number is as follows:
2720--Organization Code (this code represents the California
Highway Patrol)
001--Reference Code (first appropriation for a particular fund for
support of each department)
0044--Fund Code (Motor Vehicle Account, State Transporation
Fund)
(2) Appropriation items are organized in organization code order
as reflected in the Governor's Budget.
(3) All the appropriation items, reappropriation items, and
reversion items, if any, for each department or entity are adjacent
to
one another.
(4) Federal funds received by the state and deposited in the State
Treasury are appropriated in separate items.
(c) The Department of Finance may authorize revisions to the
codes used in this act in order to provide compatibility between the
codes used in this act and those used in the Governor's Budget and in
the records of the State Controller.
(d) Notwithstanding any other provision of this act, the
Department of Finance may revise the schedule of any appropriation
made in this act where the revision is of a technical nature and is
consistent with legislative intent. These revisions may include, but
shall not be limited to, the substitution of category for program or
program for category limitations, the proper categorization of
allocated administration costs and cost recoveries, the distribution
of
any unallocated amounts within an appropriation and the adjustment of
schedules to facilitate departmental accounting operations, including
the elimination of categories providing for amounts payable from
other items or other appropriations and the distribution of
unscheduled
amounts to programs or categories. These revisions shall include a
certification that the revisions comply with the intent and
limitation of
expenditures as appropriated by the Legislature.
(e) Notwithstanding any other provision of this act, when the
Department of Finance, pursuant to subdivision (d), approves the
schedule or revision of any appropriation relating to the elimination
of
amounts payable, the language authorizing the transfer shall also be
eliminated.
SEC. 2.00. (a) The following sums of money and those
appropriated by any other sections of this act, or so much thereof as
may be necessary unless otherwise provided herein, are hereby
appropriated for the use and support of the State of California for
the
2004-05 fiscal year beginning July 1, 2004, and ending June 30, 2005.
All of these appropriations, unless otherwise provided herein, shall
be paid out of the General Fund in the State Treasury.
(b) Appropriations and reappropriations for capital outlay, unless
otherwise provided herein, shall be available for expenditure during
the 2004-05, 2005-06 and 2006-07 fiscal years, except that
appropriations and reappropriations for studies, preliminary plans,
working drawings, or minor capital outlay, except as provided herein,
shall be available for expenditure only during the 2004-05 fiscal
year. In addition, the balance of every appropriation or
reappropriation made in this act that contains funding for
construction
that has not been allocated, through fund transfer or approval to
proceed to bid, by the Department of Finance on or before June 30,
2005, except as provided herein, shall revert as of that date to the
fund
from which the appropriation was made.
(c) Whenever by constitutional or statutory provision the revenues
or receipts of any institution, department, board, bureau,
commission,
officer, employee, or other agency, or any moneys in any special fund
created by law therefor, are to be used for salaries, support or any
proper purpose, expenditures shall be made therefrom for any such
purpose only to the extent of the amount therein appropriated, unless
otherwise stated herein.
(d) Appropriations for purposes not otherwise provided for
herein that have been heretofore made by any existing constitutional
or
statutory provision shall continue to be governed thereby.
LEGISLATIVE/JUDICIAL/EXECUTIVE
Legislative
0110-001-0001--For support of Senate . . . 91,308,000
Schedule:
(1) 101001-Salaries of Senators . . . 5,031,000
(2) 317295-Mileage . . . 10,000
(3) 317292-Expenses . . . 1,320,000
(4) 500004-Operating Expenses . . . 84,242,000
(5) 317296-Automotive Expenses . . . 705,000
Provisions:
1. The funds appropriated in Schedule (4) are for operating expenses
of the Senate, including personal services for officers, clerks, and
all
other employees, and legislative committees thereof composed in
whole or in part of Members of the Senate, and for support of joint
expenses of the Legislature, to be transferred by the Controller to
the
Senate Operating Fund.
2. The funds appropriated in Schedule (5) are for operating expenses
of the Senate relating to the purchase, maintenance, repair,
insurance,
and other costs of operating automobiles for the use of Members of
the Senate, to be transferred by the Controller to the Senate
Operating
Fund.
3. The funds appropriated in Schedules (1), (2), (3), and (5) may be
adjusted for transfers to or from the Senate Operating Fund.
0120-011-0001--For support of Assembly . . . 123,904,000
Schedule:
(1) 101001-Salaries of Assembly Members . . . 9,947,000
(2) 317295-Mileage . . . 8,000
(3) 317292-Expenses . . . 2,654,000
(4) 500004-Operating Expenses . . . 110,732,000
(5) 317296-Automotive Expenses . . . 563,000
Provisions:
1. The funds appropriated in Schedule (4) are for operating expenses
of the Assembly, including personal services for officers, clerks,
and
all other employees, and legislative committees thereof composed in
whole or in part of Members of the Assembly, and for support of joint
expenses of the Legislature, to be transferred by the Controller to
the
Assembly Operating Fund.
2. The funds appropriated in Schedule (5) are for operating expenses
of the Assembly relating to the lease, maintenance, repair,
insurance,
and other costs of operating automobiles for the use of Members of
the Assembly, to be transferred by the Controller to the Assembly
Operating Fund.
3. The funds appropriated by Schedules (1), (2), (3), and (5) may be
adjusted for transfers to or from the Assembly Operating Fund.
0130-021-0001--For support of Office of the Legislative Analyst . . .
0
Schedule:
(1) Expenses of the Office of the Legislative Analyst . . . 6,108,000
(2) Transferred from Item 0110-001-0001 . . . -3,054,000
(3) Transferred from Item 0120-011-0001 . . . -3,054,000
Provisions:
1. The funds appropriated in Schedule (1) are for the expenses of the
Office of the Legislative Analyst and of the Joint Legislative Budget
Committee for any charges, expenses, or claims either may incur,
available without regard to fiscal years, to be paid on certification
of
the Chairperson of the Joint Legislative Budget Committee.
2. Funds identified in Schedules (2) and (3) may be transferred from
the Senate Operating Fund, by the Senate Committee on Rules, and the
Assembly Operating Fund, by the Assembly Committee on Rules.
0160-001-0001--For support of Legislative Counsel Bureau . . .
80,010,000
Schedule:
(1) Support . . . 80,141,000
(2) Reimbursements . . . -131,000
Judicial
0250-001-0001--For support of Judiciary . . . 292,400,000
Schedule:
(1) 10-Supreme Court . . . 39,248,000
(2) 20-Courts of Appeal . . . 173,913,000
(3) 30-Judicial Council . . . 86,740,000
(4) 50-Habeas Corpus Resource Center . . . 10,842,000
(5) 97.20.001-Unallocated Reduction . . . -8,500,000
(6) Reimbursements . . . -3,267,000
(7) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 0250-001-0044) . . . -147,000
(8) Amount payable from the Court Interpreters' Fund (Item
0250-001-0327) . . . -319,000
(9) Amount payable from the Federal Trust Fund (Item
0250-001-0890) . . . -2,489,000
(10) Amount payable from the Appellate Court Trust Fund (Item
0250-001-3060) . . . -3,621,000
Provisions:
1. Notwithstanding Section 26.00 of this act, the funds appropriated
or scheduled in this item may be allocated or reallocated among
categories by order of the Judicial Council.
2. Of the funds appropriated in this item, $200,000 is available for
reimbursement to the Attorney General, or for hiring outside counsel,
for pre-litigation and litigation fees and costs, including any
judgment,
stipulated judgment, offer of judgment or settlement. This amount is
for use in connection with (a) matters arising from the actions of
appellate courts, appellate court bench officers, or appellate court
employees; (b) matters arising from the actions of the Judicial
Council, council members or council employees or agents; (c) matters
arising from the actions of the Administrative Office of the Courts
or
its employees; or (d) employment litigation arising from the actions
of
trial courts, trial court bench officers, or trial court employees.
Either
the state or the Judicial Council must be named as a defendant or
alleged to be the responsible party. Any funds not used for this
purpose shall revert to the General Fund.
3. Notwithstanding any other provision of law, up to $5,000,000
appropriated in this item may be transferred to Item 0250-101-0001
by the Controller at the request of the Administrative Office of the
Courts, to cover any short-term cashflow issues that occur. Any funds
transferred shall be repaid to this item from Item 0250-101-0001. The
Judicial Council shall notify the Department of Finance and the Joint
Legislative Budget Committee when any transfer is made pursuant to
this provision, and upon repayment of the transfer.
4. The funds appropriated by Schedule (4) shall be available for
costs
associated directly or indirectly with the California Habeas Corpus
Resource Center (CHCRC). The CHCRC shall report to the
Legislature and the Department of Finance on September 1, 2004, and
April 1, 2005, on expenditures, specifically detailing personal
services expenditures, and operating expenses and equipment
expenditures.
5. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the amount appropriated in this
item shall be reduced by the amount transferred in Item
0250-011-0001 to provide adequate resources to the Judicial Branch
Workers' Compensation Fund to pay workers' compensation claims
for judicial branch employees and administrative costs pursuant to
Section 68114.10 of the Government Code.
0250-001-0044--For support of Judiciary, for payment to Item
0250-001-0001, payable from the Motor Vehicle Account, State
Transportation Fund . . . 147,000
0250-001-0327--For support of Judiciary, for payment to Item
0250-001-0001, payable from the Court Interpreters' Fund . . .
319,000
0250-001-0890--For support of Judiciary, for payment to Item
0250-001-0001, payable from the Federal Trust Fund . . . 2,489,000
0250-001-3037--For support of Judiciary, payable from the State
Court Facilities Construction Fund . . . 33,882,000
Schedule:
(1) 30-Judicial Council . . . 33,882,000
Provisions:
1. Of the amount appropriated in this item, up to $23,291,000 is for
costs and new positions associated with the transfer of trial court
facilities beginning in the 2004-05 fiscal year and shall not be
expended until the Director of Finance approves a workload plan
submitted by the Judicial Council. The Judicial Council shall submit
a
copy of the approved workload plan to the Legislature.
0250-001-3060--For support of Judiciary, for payment to Item
0250-001-0001, payable from the Appellate Court Trust Fund . . .
3,621,000
0250-001-3066--For support of Judiciary, payable from the Court
Facilities Trust Fund . . . 1,000
Schedule:
(1) 30-Judicial Council . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures in excess of this item for the
operation, repair, and maintenance of court facilities pursuant to
Section 70352 of the Government Code.
0250-003-0001--For support of Judiciary for rental payments on
lease-revenue bonds . . . 957,000
Schedule:
(1) Base Rental and Fees . . . 1,010,000
(2) Insurance . . . 9,000
(3) Reimbursements . . . -62,000
Provisions:
1. The funds appropriated in this item shall be made available for
costs associated with rental payments on lease-revenue bonds for the
Court of Appeal, Fourth District, Division 2, in Riverside,
California.
2. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided the State Public Works Board.
The schedule shall be provided on a monthly basis or as otherwise
might be needed to ensure debt requirements are met.
0250-011-0001--For transfer, upon order of the Director of Finance,
to the Judicial Branch Workers' Compensation Fund . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the Judicial Council shall adjust
the amount of this transfer to provide adequate resources to the
Judicial Branch Workers' Compensation Fund to pay workers
compensation claims for judicial branch employees and
administrative costs pursuant to Government Code Section 68114.10.
0250-101-0001--For local assistance, Judiciary . . . 13,556,000
Schedule:
(1) 30.10-Child Support Commissioner Program (AB 1058) . . .
43,122,000
(2) 30.20-California Drug Court Projects . . . 2,858,000
(3) 30.30-Federal Child Access and Visitation Grant Program . . .
800,000
(4) 30.50-Federal Court Improvement Grant Program . . . 700,000
(5) 30.60-Court Appointed Special Advocate (CASA) Program . . .
1,924,000
(6) 30.65-Model Self-Help Program . . . 832,000
(8) 30.80-Federal Grants--Other . . . 775,000
(9) 30.90-Equal Access Fund . . . 9,500,000
(10) 30.95-Family Law Information Centers . . . 300,000
(11) Reimbursements . . . -44,980,000
(12) Amount payable from Federal Trust Fund (Item 0250-101-0890)
. . . -2,275,000
Provisions:
1. Notwithstanding any other provision of law, up to $5,000,000
appropriated in Item 0250-001-0001 may be transferred to Item
0250-101-0001 by the Controller at the request of the Administrative
Office of the Courts, to cover any short-term cash-flow issues that
occur. Any funds transferred shall be repaid from this item to Item
0250-001-0001. The Judicial Council shall notify the Department of
Finance and the Joint Legislative Budget Committee when any transfer
is made pursuant to this provision, and upon repayment of the
transfer.
2. In order to improve equal access and the fair administration of
justice, the funds appropriated in Schedule (9) are to be distributed
by
the Judicial Council through the Legal Services Trust Fund
Commission to qualified legal services projects and support centers
as defined in Sections 6213 through 6215 of the Business and
Professions Code, to be used for legal services in civil matters for
indigent persons. The Judicial Council shall approve awards made by
the commission if the council determines that the awards comply with
statutory and other relevant guidelines. Ten percent of the funds in
Schedule (9) shall be for joint projects of courts and legal services
programs to make legal assistance available to proper litigants and
90
percent of the funds in Schedule (9) shall be distributed consistent
with Sections 6216 through 6223 of the Business and Professions
Code. The Judicial Council may establish additional reporting or
quality control requirements consistent with Sections 6213 through
6223 of the Business and Professions Code.
3. Notwithstanding any other provision of law, an amount not to
exceed the level of the unallocated reduction in Schedule (5) of Item
0250-001-0001, may be transferred from this item in augmentation of
item 0250-001-0001 by the Controller at the request of the
Administrative Office of the Courts.
0250-101-0890--For local assistance of Judiciary, for payment to
Item 0250-101-0001, payable from the Federal Trust Fund . . .
2,275,000
0250-301-3037--For capital outlay, Judicial Council, payable from
the State Court Facilities Construction Fund . . . 619,000
Schedule:
(1) 90.31.001-Placer/Nevada Shared Use Tahoe Court:
Truckee--Acquisition . . . 544,000
(2) 90.32.001-Portola/Loyalton New Branch Court: Counties of
Sierra and Plumas--Acquisition . . . 75,000
0250-490--Reappropriation, Judicial Council. The balance of the
appropriation provided in the following citation is reappropriated
for
the purposes and subject to the limitations, unless otherwise
specified,
provided for in the appropriation and shall be available for
encumbrance until June 30, 2006:
0660--Public Buildings Construction Fund
(1) Item 0250-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002)
as reappropriated by Item 0250-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(1) 90.20.401-Court of Appeal, Fourth Appellate District Santa Ana:
New Courthouse--Working drawings and construction
0280-001-0001--For support of the Commission on Judicial
Performance, Program 10 . . . 3,910,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the amount appropriated in this
item shall be reduced by the amount transferred in Item
0280-011-0001 to provide adequate resources to the Judicial Branch
Workers' Compensation Fund to pay workers compensation claims for
judicial branch employees and administrative costs pursuant to
Government Code Section 68114.10.
0280-011-0001--For transfer, upon order of the Director of Finance,
to the Judicial Branch Workers' Compensation Fund . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the Commission on Judicial
Performance shall adjust the amount of this transfer to provide
adequate resources to the Judicial Branch Workers' Compensation
Fund to pay workers compensation claims for judicial branch
employees and administrative costs pursuant to Government Code
Section 68114.10.
0390-001-0001--For transfer by the Controller to the Judges'
Retirement Fund, for Supreme Court and Appellate Court Justices . . .
1,150,000
Provisions:
1. Upon order of the Department of Finance, the Controller shall
transfer such funds as are necessary between Item 0390-001-0001 and
Item 0390-101-0001.
0390-101-0001--For transfer by the Controller to the Judges'
Retirement Fund for Superior Court and Municipal Court Judges . . .
115,040,000
Provisions:
1. Upon order of the Department of Finance, the Controller shall
transfer such funds as are necessary between Item 0390-001-0001 and
Item 0390-101-0001.
0450-101-0001--For local assistance, State Trial Court Funding . . .
5,810,000
Provisions:
1. Of the amount appropriated in this item, up to $3,000,000, shall
only be used for the payment of service of process fees billed to the
trial courts as a result of Chapter 1009 of the Statutes of 2002. The
Judicial Council shall distribute these funds to the individual trial
courts on a reimbursement basis.
2. Of the amount appropriated in this item, up to $2,556,000, shall
only be used for the payment of the court costs payable under
Sections
4750 to 4755, and 6005 of the Penal Code. The Judicial Council shall
distribute these funds to the eligible individual trial courts on a
reimbursement basis.
3. The Judicial Council shall provide the Department of Finance with
a report, by September 1, 2005, detailing the number of services of
process billed to the courts under Chapter 1009 of the Statutes of
2002, the cost of these services, and information on any agreements
reached with local law enforcement to provide this service free of
charge or at a reduced rate.
4. The Judicial Council shall provide the Department of Finance with
a report, by September 1, 2005, detailing, by court, the level of
reimbursements provided for court costs associated with prisoner
hearings under Sections 4750 to 4755, and 6005 of the Penal Code.
5. Any funds in this item that are not used shall revert to the
General
Fund.
6. Of the amount appropriated in this item, up to $254,000 shall be
used for the payment of courts costs of extraordinary homicide
trials.
The Judicial Council shall adopt a rule of court to establish a
process
for courts to seek reimbursement for the extraordinary costs of
homicide trials. In developing the process for reimbursement, the
Judicial Council shall consider the following: (a) the uniform
administration of justice throughout the state is a matter of
statewide
interest; (b) the prosecution and conduct of trials of persons
accused
of homicide should not be hampered or delayed by any lack of funds
available to the courts for such purposes; (c) a court should not be
required to bear the entire costs of a trial involving a homicide if
such
costs will seriously impair the finances of the court; and (d) the
methodology for reimbursement established in Section 15202 of the
Government Code.
0450-101-0932--For local assistance, State Trial Court Funding,
payable from the Trial Court Trust Fund . . . 2,182,440,000
Schedule:
(1) 10-Support for operation of the Trial Courts . . . 1,935,784,000
(2) 25-Compensation of Superior Court Judges . . . 232,767,000
(3) 35-Assigned Judges . . . 21,154,000
(4) 45-Court Interpreters . . . 67,735,000
(5) 97.20.001-Unallocated Reduction . . . -75,000,000
Provisions:
1. Notwithstanding Section 26.00 of this act, the funds appropriated
or
scheduled in this item may be allocated or reallocated among
categories by the Judicial Council.
2. The amount appropriated in Schedule (3) shall be made available
for all judicial assignments. Schedule (3) expenditures for necessary
chamber staff may not exceed the staffing level that is necessary to
support the equivalent of three judicial officers sitting on
assignments
at the appellate court level.
3. The funds appropriated in Schedule (2) shall be made available for
the payment of workers' compensation claims for trial court judges.
4. The funds appropriated in Schedule (4) shall be for payments for
services of contractual court interpreters, and certified and
registered
court interpreters employed by the courts, and the following court
interpreter coordinators: one each in counties of the 1st through the
15th classes, 0.5 each in counties of the 16th through the 31st
classes,
and 0.25 each in counties of the 32nd through 58th classes. For the
purposes of this provision, "court interpreter coordinators" may be
full- or part-time court employees, or those contracted by the court
to
perform these services.
The Judicial Council shall set statewide or regional rates and
policies for payment of court interpreters, not to exceed the rate
paid
to certified interpreters in the federal court system. The Judicial
Council shall adopt appropriate rules and procedures for the
administration of these funds. The Judicial Council shall report to
the
Legislature and Director of the Department of Finance annually
regarding expenditures from this schedule.
5. Upon order of the Director of Finance, the amount available for
expenditure in this item may be augmented by the amount of any
additional resources available in the Trial Court Trust Fund, which
is
in addition to the amount appropriated in this item.
6. Notwithstanding any other provision of law, the distribution of
fines, fees, forfeitures, and penalties reported by the County of San
Bernardino for the 1993-94, 1994-95, and 1995-96 fiscal years shall
be deemed to be correct and no further reductions or increases shall
be made to the distribution for those fiscal years, except for those
amounts owed to other local agencies.
7. The funds appropriated in Schedule (1) include $1,175,000 for
court operations related to Chapter 561 of the Statutes of 1999. It
is
the intent of the Legislature that these funds only be used for the
processing of elder abuse protective orders. Any funds not used for
this purpose shall revert to the General Fund.
8. In addition to funding approved and appropriated through the
program budget process, on an annual basis, it is the intent of the
Legislature that the state shall provide, upon the order of the
Director
of Finance, to the Judicial Council an amount of discretionary
funding
that is deemed to be fair, reasonable, and fiscally responsible and
meets specific criteria established and agreed upon by the Director
of
the Department of Personnel Administration, Director of Finance, and
the Administration Director of the Courts. The level of funding shall
be based on factors such as workload, population growth,
agreed-upon policy goals, changes in local geographical
circumstances and other agreed-upon criteria, which shall include the
average percentage salary and benefit increases provided to state
employees.
The Judicial Council shall allocate these funds to meet the various
needs of the trial courts. This includes the need to negotiate local
memoranda of understanding with recognized bargaining agents and
to meet other salary and benefit needs of the trial courts.
9. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the amount appropriated in this
item shall be reduced by the amount transferred in Item
0450-115-0932 to provide adequate resources to the Judicial Branch
Workers' Compensation Fund to pay workers compensation claims for
judicial branch employees and administrative costs pursuant to
Government Code Section 68114.10.
0450-111-0001--For transfer by the Controller to the Trial Court
Trust Fund . . . 1,167,758,000
Provisions:
1. To the extent that an amount of discretionary funding is provided
to
the Judicial Council pursuant to Item 0450-101-0932, Provision 8,
upon the order of the Director of Finance, the appropriation in this
item may be increased by the corresponding
General Fund amount.
0450-112-0001--For transfer by the Controller to the Judicial
Administration Efficiency and Modernization Fund . . . 34,122,000
0450-112-0159--For transfer by the Controller, upon order of the
Director of Finance, from the Trial Court Improvement Fund to the
Trial Court Trust Fund . . . (0)
Provisions:
1. Notwithstanding any other provision of law, this item may be
augmented subject to the limitations in Item 0450-401 of this act and
is for transfer to the Trial Court Trust Fund in augmentation of Item
0450-101-0932.
0450-112-0556--For local assistance, State Trial Court Funding,
payable from the Judicial Administration Efficiency and
Modernization Fund . . . 34,122,000
0450-112-3037--For transfer by the Controller, upon order of the
Director of Finance, from the State Court Facilities Construction
Fund
to the General Fund . . . (30,000,000)
Provisions:
1. Transfers authorized by this item may only take place after the
revenue collected by the State Court Facilities Construction Fund
exceeds the amount appropriated pursuant to Item 0250-001-3037.
2. The transfer made by this item is a loan to the General Fund to be
repaid in a timeframe to be determined by the Department of Finance.
This loan shall be repaid with interest calculated at the rate earned
by
the Pooled Money Investment Account at the time of the transfer.
0450-115-0932--For transfer, upon order of the Director of Finance,
to the Judicial Branch Workers Compensation Fund . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the Judicial Council shall adjust
the amount of this transfer to provide adequate resources to the
Judicial Branch Workers' Compensation Fund to pay workers
compensation claims for judicial branch employees and
administrative costs pursuant to Government Code Section 68114.10.
0450-401--Notwithstanding any other provision of law, the Judicial
Council is hereby authorized to transfer funding from Item
0450-112-0001 to Item 0450-111-0001 for transfer to and in
augmentation of Item 0450-101-0932. In addition, Judicial Council
may adjust Item 0450-112-0556 to conform to the amount being
transferred pursuant to Item 0450-112-0001. The Judicial Council is
authorized to make these transfers and the transfer authorized
pursuant
to Item 0450-112-0159 for the purpose of distributing the unallocated
reduction in Schedule (5) in Item 0450-101-0932. The total amounts
transferred by these items shall not exceed the level of funding in
Item
0450-101-0932, Schedule (5) Unallocated Reduction.
Executive
0500-001-0001--For support of Governor and of Governor's office . .
. 6,119,000
Schedule:
(1) Support . . . 6,044,000
(2) Governor's Residence (Support) . . . 35,000
(3) Special Contingent Expenses . . . 40,000
Provisions:
1. The funds appropriated in Schedules (2) and (3) of this item are
exempt from the provisions of Sections 925.6, 12410, and 13320 of
the Government Code.
0510-001-0001--For support of Secretary of State and Consumer
Services . . . 746,000
Schedule:
(1) Support . . . 1,316,000
(2) Reimbursements . . . -570,000
0520-001-0001--For support of Secretary for Business,
Transportation and Housing, for payment to Item 0520-001-0044
payable from the General Fund . . . 1,935,000
0520-001-0044--For support of Secretary for Business,
Transportation and Housing, payable from the Motor Vehicle
Account, State Transportation Fund . . . 1,324,000
Schedule:
(1) 10-Administration of Business, Transportation and Housing
Agency . . . 3,207,000
(2) 25-Infrastructure Finance and Economic Development Program . .
. 6,447,000
(3) Reimbursements . . . -2,878,000
(4) Amount payable from the General Fund (Item 0520-001-0001) . . .
-1,935,000
(5) Amount payable from the California Infrastructure and Economic
Development Bank Fund (Item 0520-001-0649) . . . -3,062,000
(6) Amount payable from the Small Business Expansion Fund (Item
0520-001-0918) . . . -455,000
Provisions:
1. The Business, Transportation and Housing Agency shall report to
the budget committees of each house of the Legislature and the
Legislative Analyst's Office by April 1, 2005, with a cost-recovery
fee plan for film permits issued to for profit production companies.
The plan shall include, but is not limited to, fee levels for
individual
permits and projections for total fee revenue.
2. Of the amount appropriated in this item, $600,000 is for the costs
to
develop, implement, and operate a new film permitting system, and
may not be encumbered or expended until the Director of Finance
approves the Feasibility Study Report for the system. The funds shall
be made available consistent with the amount approved by the
Director of Finance, based upon the approved Feasibility Study
Report.
0520-001-0649--For support of Secretary for Business,
Transportation and Housing, for payment to Item 0520-001-0044
payable from the California Infrastructure and Economic Development
Bank Fund . . . 3,062,000
0520-001-0918--For support of Secretary for Business,
Transportation and Housing, for payment to Item 0520-001-0044
payable from the Small Business Expansion Fund . . . 455,000
0520-002-0001--For support of Secretary of Business, Transportation
and Housing . . . 575,000
Provisions:
1. The amount appropriated in this item is available for payment of
costs resulting from the closure of the former Technology, Trade, and
Commerce Agency. Notwithstanding any other provision of law, if the
Department of Finance determines that the expenditures for these
costs
will exceed the expenditures authorized by this item, the Department
of Finance shall report that fact to the Chairperson of the Joint
Legislative Budget Committee and the chairpersons of the committee
in each house of the Legislature that considers appropriations.
Thirty
days after providing the written notification, the Director of
Finance
may increase this appropriation pursuant to the provisions of Chapter
2 of the Statutes of 2003, First Extraordinary Session.
0520-011-0001--For transfer, upon order of the Director of Finance,
to the Small Business Expansion Fund . . . 3,988,000
Provisions:
1. Beginning with the 2004-05 fiscal year, the total income received
by a financial development corporation for each loan guarantee
completed may not exceed $6,000 per guarantee. Total income
includes funds received from the state and fees charged to loan
guarantee recipients. The Secretary of Business, Transportation and
Housing may exempt up to 25 percent of the loan guarantees
contracted for by the agency from this requirement. It is the intent
of
the Legislature that state funding of the Small Business Loan
Guarantee Program be 100 percent performance-based by the 2005-06
fiscal year.
2. The Department of Finance is hereby authorized to transfer any
savings in this item to the General Fund at the end of the 2004-05
fiscal year. It is anticipated that the amount to be transferred to
the
General Fund will be $248,000.
0520-101-0001--For local assistance, Secretary for Business,
Transportation and Housing . . . 0
Schedule:
(1) 25-Infrastructure Finance and Economic Development Program . .
. 2,000,000
(2) Reimbursements . . . -2,000,000
0520-115-3005--For transfer, upon order of the Director of Finance,
from the Film California First Fund to the General Fund . . .
(1,089,000)
0530-001-0001--For support of Secretary for California Health and
Human Services . . . 1,925,000
Schedule:
(1) 10-Secretary of California Health and Human Services Agency . .
. 3,435,000
(2) Reimbursements . . . -1,146,000
(3) Amount payable from the Managed Care Fund (Item
0530-001-0933) . . . -364,000
0530-001-0933--For support of Secretary for California Health and
Human Services Agency, for payment to Item 0530-001-0001,
payable from the Managed Care Fund . . . 364,000
0530-017-0001--For support of Secretary for California Health and
Human Services Agency . . . 2,914,000
Schedule:
(1) 21-Office of HIPAA Implementation . . . 3,509,000
(2) Reimbursements . . . -595,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
0540-001-0005--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
204,000
0540-001-0140--For support of Secretary for Resources, payable
from the Environmental License Plate Fund. . . . 2,581,000
Schedule:
(1) 10-Administration of Resources Agency . . . 17,367,000
(2) Reimbursements . . . -515,000
(3) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 0540-001-0005) .
. . -204,000
(4) Amount payable from the Environmental Enhancement and
Mitigation Demonstration Program Fund (Item 0540-001-0183) . . .
-90,000
(4.5) Amount payable from the Natural Resources Infrastructure Fund
(Item 0540-001-0383) . . . -10,000,000
(5) Amount payable from the Federal Trust Fund (Item
0540-001-0890) . . . -269,000
(6) Amount payable from the River Protection Subaccount (Item
0540-001-6015) . . . -16,000
(7) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
0540-001-6029) . . . -1,627,000
(8) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 0540-001-6031) . . .
-2,065,000
0540-001-0183--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Environmental Enhancement
and Mitigation Demonstration Program Fund . . . 90,000
0540-001-0383--For state operations, Secretary for Resources,
payable from the Natural Resources Infrastructure Fund, available for
encumbrance or expenditure until June 30, 2007 . . . 10,000,000
Provisions:
1. Funds appropriated in this item shall be available only if the
California Ocean Protection Act is enacted pursuant to legislation
enacted during the 2003-04 Regular Session.
0540-001-0890--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Federal Trust Fund . . .
269,000
0540-001-6015--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the River Protection
Subaccount . . . 16,000
0540-001-6029--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund . . .
1,627,000
0540-001-6031--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Water Security, Clean
Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
2,065,000
0540-490--Reappropriation, Secretary for Resources. The balance of
the appropriation identified in the following citation is
reappropriated
for purposes provided for in that appropriation and shall be
available
for encumbrance or expenditure until June 30, 2005:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 0540-001-6029, Budget Act of 2003 (Ch. 157, Stats. 2003)
Provisions:
1. Of the amount reappropriated in this item, up to $4,575,000 shall
be
available for the Urban Streams Restoration Program.
0540-491--Reappropriation, Secretary for Resources.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citations are extended to June 30,
2005:
0001--General Fund
(1) Item 0540-101-0001, Budget Act of 1999 (Ch. 50, Stats. 1999)
(2) Item 0540-101-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(1) Grants
(3) Item 0540-101-0001, Budget Act of 2001 (Ch. 106, Stats. 2001)
(1) Grants
6015--River Protection Subaccount
(1) Item 0540-101-6015, Budget Act of 2000 (Ch. 52, Stats. 2000)
0540-492--Reappropriation, Secretary for Resources. The balance of
the appropriation identified in the following citation is
reappropriated
for the purposes provided for in that appropriation and shall be
available for encumbrance or expenditure until June 30, 2007:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 0540-101-6029, Budget Act of 2002 (Ch. 379, Stats. 2002)
(10) San Diego River
0550-001-0001--For support of Secretary for Youth and Adult
Correctional Agency . . . 2,620,000
Schedule:
(1) 10-Secretary for Youth and Adult Correctional Agency . . .
2,620,000
0552-001-0001--For support of Office of the Inspector General,
Program 10 . . . 8,258,000
0555-001-0001--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044 . . . 425,000
0555-001-0014--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Hazardous Waste Control Account . . . 297,000
0555-001-0028--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Unified Program Account . . . 1,444,000
Provisions:
1. Of the amount appropriated in this item, $462,000 shall be
expended as follows: (a)
consistently with the provisions of legislation to be enacted during
the 2003-04 Regular Session that address environmental problems
associated with chrome plating facilities; or (b)
to assist the metal plating in dustry in complying with state
regulations relative to chrome plating.
0555-001-0044--For support of Secretary for Environmental
Protection, payable from the Motor Vehicle Account, State
Transportation Fund . . . 613,000
Schedule:
(1) 30-Support . . . 10,113,000
(2) Reimbursements . . . -1,971,000
(3) Amount payable from the General Fund (Item 0555-001-0001) . . .
-425,000
(4) Amount payable from the Hazardous Waste Control Account (Item
0555-001-0014) . . . -297,000
(5) Amount payable from the Unified Program Account (Item
0555-001-0028) . . . -1,444,000
(6) Amount payable from the California Used Oil Recycling Fund
(Item 0555-001-0100) . . . -30,000
(7) Amount payable from the Department of Pesticide Regulation
Fund (Item 0555-001-0106) . . . -183,000
(8) Amount payable from the Recycling Market Development
Revolving Loan Account (Item 0555-001-0281) . . . -135,000
(9) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 0555-001-0387) . . .
-433,000
(10) Amount payable from the Underground Storage Tank Cleanup
Fund (Item 0555-001-0439) . . . -48,000
(11) Amount payable from the State Water Quality Control Fund (Item
0555-001-0679) . . . -134,000
(11.5) Amount payable from the Hazardous Waste Reduction Loan
Account (Item 0555-001-0828) . . . -1,500,000
(12) Amount payable from the Rural CUPA Reimbursement Account
(Item 0555-001-1006) . . . -900,000
(13) Amount payable from the Environmental Enforcement and
Training Account (Item 0555-0018013) . . . -2,000,000
Provisions:
1. Notwithstanding Section 48653 of the Public Resources Code,
funds appropriated in this item from the California Used Oil
Recycling Fund shall be available for purposes of administration.
0555-001-0100--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
California Used Oil Recycling Fund . . . 30,000
0555-001-0106--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Department of Pesticide Regulation Fund . . . 183,000
0555-001-0281--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Recycling Market Development Revolving Loan Account, Integrated
Waste Management Fund . . . 135,000
0555-001-0387--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Integrated Waste Management Account, Integrated Waste Management
Fund . . . 433,000
0555-001-0439--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Underground Storage Tank Cleanup Fund . . . 48,000
0555-001-0679--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
State Water Quality Control Fund . . . 134,000
0555-001-0828--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Hazardous Waste Reduction Loan Account . . . 1,500,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated
from this item shall be expended consistent with the legislation
enacted in the 2004-05 fiscal year related to addressing
environmental
problems associated with chrome plating facilities.
0555-001-1006--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Rural Reimbursement Account . . . 900,000
0555-001-8013--For support of Secretary for Environmental
Protection, for payment to Item 0555-001-0044, payable from the
Environmental Enforcement and Training Account . . . 2,000,000
0555-001-8020--For support of Secretary for Environmental
Protection, payable from the Environmental Education Account . . .
150,000
Schedule:
(1) 30-Support . . . 150,000
Provisions:
1. The funding appropriated and available for expenditure in this
item
is limited to the amount of funding received in the Environmental
Education Account established by Section 71305 of the Public
Resources Code.
0555-011-0001--For transfer by the State Controller to the Rural
CUPA Reimbursement Account . . . 900,000
0558-001-0001--For support of the Office of the Secretary for
Education . . . 786,000
Schedule:
(1) Secretary for Education . . . 786,000
Provisions:
1. The amount appropriated in this item is intended for support of
the
Education Agency. The appropriation is an estimate of the funding
needs from January 1, 2005, to June 30, 2005, inclusive. Legislation
establishing the agency will be introduced and, if enacted, would be
effective on or before January 1, 2005. In the event that legislation
creating the agency is not effective on or before January 1, 2005, or
the funds are needed prior to January 1, 2005, the unexpended balance
of the funds appropriated by this item shall be available for
expenditure pursuant to Item 0650-011-0001, as authorized by the
Director of Finance.
0559-001-0001--For support of the California Labor and Workforce
Development Agency . . . 0
Schedule:
(1) 10-Office of the Secretary for Labor and Workforce Development
. . . 2,079,000
(2) Reimbursements . . . -2,079,000
0650-001-0001--For support of Office of Planning and Research . . .
4,273,000
Schedule:
(1) 11-State Planning and Policy Development . . . 5,379,000
(2) 21-Governor's Office on Service and Volunteerism . . . 2,977,000
(3) Reimbursements . . . -971,000
(4) Amount payable from the Property Acquisition Law Money
Account (Item 0650-001-0002) . . . -494,000
(5) Amount payable from the Federal Trust Fund (Item
0650-0010890) . . . -2,618,000
0650-001-0002--For support of Office of Planning and Research, for
payment to Item 0650-001-0001, payable from the Property
Acquisition Law Money Account . . . 494,000
0650-001-0890--For support of Office of Planning and Research, for
payment to Item 0650-001-0001, payable from the Federal Trust Fund
. . . 2,618,000
0650-011-0001--For support of Office of Planning and Research . . .
786,000
Schedule:
(1) Office of the Secretary for Education . . . 796,000
(2) Reimbursements . . . -10,000
Provisions:
1. The funds appropriated in this item are intended for support of
the
Education Agency. The appropriation is an estimate of the funding
needs from July 1, 2004, to December 31, 2004, inclusive. Legislation
establishing the agency will be introduced and, if enacted, would be
effective on or before January 1, 2005. After the effective date of
such
legislation, and upon the determination that all obligations of the
agency in the Office of Planning and Research have been met, the
unexpended balance of the funds appropriated by this item shall be
available for expenditure pursuant to Item 0558-001-0001, as
authorized by the Director of Finance.
0650-101-0890--For local assistance, Office of Planning and
Research, Program 21-Governor's Office on Service and
Volunteerism, payable from the Federal Trust Fund . . . 45,800,000
Provisions:
1. The funds appropriated in this item are for local assistance
allocations approved by the Governor's Office on Service and
Volunteerism.
0690-001-0001--For support of Office of Emergency Services . . .
28,693,000
Schedule:
(1) 15-Mutual Aid Response . . . 15,827,000
(2) 35-Plans and Preparedness . . . 16,869,000
(3) 45-Disaster Assistance . . . 21,013,000
(4) 55.01-Administration and Executive . . . 6,294,000
(5) 55.02-Distributed Administration and Executive . . . -5,399,000
(5.5) 65-Office of Homeland Security . . . 1,968,000
(6) Reimbursements . . . -2,113,000
(7) Amount payable from the Unified Program Account (Item
0690-001-0028) . . . -612,000
(8) Amount payable from the Nuclear Planning Assessment Special
Account (Item 0690-001-0029) . . . -907,000
(9) Amount payable from the Federal Trust Fund (Item
0690-0010890) . . . -22,279,000
(10) Amount payable from the Federal Trust Fund (Item
0690-010-0890) . . . -1,968,000
Provisions:
1. Funds appropriated in this item may be reduced by the Director of
Finance, after giving notice to the Chairperson of the Joint
Legislative
Budget Committee, by the amount of federal funds made available for
the purposes of this item in excess of the federal funds scheduled in
Item 0690-001-0890.
2. The Office of Emergency Services shall charge tuition for all
training offered through the California Specialized Training
Institute.
3. Upon the approval by the Department of Finance, the Controller
shall transfer such funds as are nec-essary between this item and
Item
0690-101-0890.
0690-001-0028--For support of Office of Emergency Services, for
payment to Item 0690-001-0001, payable from the Unified Program
Account . . . 612,000
0690-001-0029--For support of Office of Emergency Services, for
payment to Item 0690-001-0001, payable from the Nuclear Planning
Assessment Special Account . . . 907,000
Provisions:
1. Pursuant to Government Code Section 8610.5(f), any unexpended
funds from the appropriation in the prior fiscal year for the
purposes
of conducting a full participation exercise are hereby appropriated
in
augmentation of this item.
0690-001-0890--For support of Office of Emergency Services, for
payment to Item 0690-001-0001, payable from the Federal Trust Fund
. . . 22,279,000
Provisions:
1. Any funds that may become available, in addition to the funds
appropriated in this item, for disaster response and recovery may be
allocated by the Department of Finance subject to the conditions of
Section 28.00 of this act, except that, notwithstanding subdivision
(d)
of that section, the allocations may be made 30 days or less after
notification of the Legislature.
2. Notwithstanding any other provision of law, the funds appropriated
in this item may be expended without regard to the fiscal year in
which the application for reimbursement was submitted to the Federal
Emergency Management Agency.
0690-002-0001--For support of Office of Emergency Services . . .
9,144,000
Schedule:
(1) 50-Criminal Justice Projects . . . 9,854,000
(2) 51-California Anti-terrorism Information Center . . . 6,700,000
(3) Reimbursements . . . -20,000
(4) Amount payable from the Local Public Prosecutors and Public
Defenders Training Fund (Item 0690-002-0241) . . . -72,000
(5) Amount payable from the Victim Witness Assistance Fund (Item
0690-002-0425) . . . -1,164,000
(6) Amount payable from the High Technology Theft Apprehension
and Prosecution Program Trust Fund (Item 0690-002-0597) . . .
-692,000
(7) Amount payable from the Federal Trust Fund (Item
0690-002-0890) . . . -5,462,000
Provisions:
1. The funds appropriated in Schedule (2) shall be used to continue
and expand funding for the California Anti-Terrorism Information
Center Program, which shall provide investigative assistance to local
and federal law enforcement agencies, provide intelligence gathering
and data analysis, and create and maintain a statewide informational
database to analyze and distribute information related to terrorist
activities. The OES shall allocate funds to the Department of Justice
for these purposes upon the request of the Department of Justice.
2. It is the intent of the Legislature that the General Fund shall be
reimbursed from future allocations of federal security-related funds
that may be used for the purposes described in this item.
0690-002-0241--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the Local Public
Prosecutors and Public Defenders Training Fund . . . 72,000
Provisions:
1. Notwithstanding any other provision of law restricting the costs
of
administering individual programs, the full amount of this
appropriation may be used by the Office of Emergency Services for
administrative costs.
0690-002-0425--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the Victim Witness
Assistance Fund . . . 1,164,000
0690-002-0597--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the High Technology
Theft Apprehension and Prosecution Program Trust Fund . . . 692,000
Provisions:
1. Funds appropriated in this item are for the High Technology Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555, Statutes of 1998, and shall be
deposited in the High Technology Theft Apprehension and
Prosecution Program Trust Fund, established pursuant to Section
13848.4 of the Penal Code.
0690-002-0890--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the Federal Trust Fund
. . . 5,462,000
0690-010-0890--For support of Office of Emergency Services for the
Office of Homeland Security, for payment to Item 0690-001-0001,
payable from the Federal Trust Fund . . . 1,968,000
Provisions:
1. The Director of the Office of Homeland Security jointly with the
Department of Justice shall prepare a report for the Director of
Finance, the chairperson of the fiscal committees in each house of
the
Legislature, and the Chairperson of the Joint Legislative Budget
Committee by October 1, 2004, on the effectiveness of the California
Anti-Terrorism Information Center (CATIC). This report should
include the following: (a) how the CATIC funds are being spent by the
Department of Justice, (b) whether or not CATIC is meeting the
requirements of the Memorandum of Understanding between the
Governor's Office and the Department of Justice, (c) what should
CATIC be focusing on to make them become more effective, and (d) a
recommendation related to the future of CATIC. The recommendations
of the report shall be used in the preparation of the 2005-06
Governor's Budget regarding the use and appropriate placement of
CATIC funds.
2. As a condition of the receipt of the funds in this item, the
California
Anti-Terrorism Information Center (CATIC) shall enter into a new
memorandum of understanding pursuant to law with the Governor's
Office that identifies the current mission of CATIC and the operation
of a joint state terrorism threat assessment center.
0690-013-0001--For transfer by the Controller to the High
Technology Theft Apprehension and Prosecution Program Trust Fund
. . . 660,000
Provisions:
1. Funds appropriated in this item are for the High Technology Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555, Statutes of 1998, and shall be
deposited in the High Technology Theft Apprehension and
Prosecution Program Trust Fund, established pursuant to Section
13848.4 of the Penal Code.
0690-013-0890--For transfer by the Controller from the Federal Trust
Fund to the High Technology Theft Apprehension and Prosecution
Program Trust Fund . . . 32,000
Provisions:
1. Funds appropriated in this item are for the High Technology Theft
Apprehension and Prosecution Program established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, and shall be deposited in the High Technology Theft
Apprehension and Prosecution Program Trust Fund, established
pursuant to Section 13848.4 of the Penal Code.
0690-101-0029--For local assistance, Office of Emergency Services,
Program 35--Plans and Preparedness, payable from the Nuclear
Planning Assessment Special Account . . . 2,234,000
Provisions:
1. Pursuant to Government Code Section 8610.5(f), any unexpended
funds from the appropriation in the prior fiscal year for the
purposes
of conducting a full participation exercise are hereby appropriated
in
augmentation of this item.
0690-101-0890--For local assistance, Office of Emergency Services,
payable from the Federal Trust Fund . . . 784,168,000
Schedule:
(1) 35-Plans and Preparedness . . . 226,442,000
(2) 45-Disaster Assistance . . . 557,726,000
Provisions:
1. Any federal funds that may become available in addition to the
funds appropriated in this item for Program 45-Disaster Assistance
are exempt from Section 28.00 of this act.
0690-102-0001--For local assistance, Office of Emergency Services .
. . 29,643,000
Schedule:
(1) 50.20.102-Victims Legal Resources Center . . . 41,000
(2) 50.20.151-Domestic Violence Program . . . 2,730,000
(3) 50.20.152-Family Violence Prevention . . . 50,000
(4) 50.20.301-Rape Crisis Program . . . 50,000
(5) 50.20.351-Homeless Youth Project . . . 396,000
(6) 50.20.352-Youth Emergency Telephone Referral . . . 127,000
(7) 50.20.354-Child Sexual Abuse Prevention and Training . . .
302,000
(8) 50.30.501-California Community Crime Resistance Program, to
be allocated pursuant to Chapter 5 (commencing with Section 13840)
of Title 6 of Part 4 of the Penal Code . . . 231,000
(9) 50.30.502-War on Methamphetamine . . . 9,500,000
(10) 50.30.503-Vertical Prosecution Block Grants . . . 8,176,000
(11) 50.30.511-California Career Criminal Apprehension Program . .
. 866,000
(12) 50.30.514-Serious Habitual Offender . . . 137,000
(13) 50.30.522-Evidentiary Medical Training . . . 648,000
(14) 50.30.531-Vertical Defense . . . 172,000
(15) 50.30.541-Public Prosecutors and Public Defenders . . . 8,000
(16) 50.30.651-Suppression of Drug Abuse in Schools Program . . .
690,000
(17) 50.30.661-California Gang Violence Suppression Program . . .
3,090,000
(18) 50.30.672-Multi-Agency Gang Enforcement Consortium . . .
93,000
(19) 50.30.815-Rural Crime Prevention Program . . . 3,341,000
(20) Reimbursements . . . -1,005,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency Services may provide advance payment of up to 25
percent of grant funds awarded to community-based, nonprofit
organizations, cities, school districts, counties, and other units of
local
government that have demonstrated cashflow problems according to
the criteria set forth by the Office of Emergency Services.
2. To maximize the use of program funds and demonstrate the
commitment of the grantees to program objectives, the Office of
Emergency Services shall require all grantees for funds from the
Gang Violence Suppression-Curfew Enforcement Strategy Program to
provide local matching funds of at least 10 percent for the first and
each subsequent year of operation. This match requirement applies to
each agency that is to receive grant funds. An agency may meet its
match requirements with an in-kind match, if approved by the Office
of Emergency Services.
0690-102-0241--For local assistance, Office of Emergency Services,
payable from the Local Public Prosecutors and Public Defenders
Training Fund . . . 792,000
Schedule:
(1) 50.30.541-Public Prosecutors and Public Defenders . . . 792,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency Services may provide advance payment of up to 25
percent of grant funds awarded to community-based, nonprofit
organizations, cities, school districts, counties, and other units of
local
government that have demonstrated cashflow problems according to
the criteria set forth by the Office of Emergency Services.
0690-102-0425--For local assistance, Office of Emergency Services,
payable from the Victim-Witness Assistance Fund . . . 15,519,000
Schedule:
(1) 50.20.101-Victim-Witness Assistance Program . . . 10,871,000
(2) 50.20.301-Rape Crisis Program . . . 3,670,000
(3) 50.20.353-Child Sexual Abuse and Exploitation Program . . .
978,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency Services may provide advance payment of up to 25
percent of grant funds awarded to community-based, nonprofit
organizations, cities, school districts, counties, and other units
of
local government that have demonstrated cashflow problems
according to the criteria set forth by the Office of Emergency
Services.
0690-102-0597--For local assistance, Office of Emergency Services,
payable from the High Technology Theft Apprehension and
Prosecution Program Trust Fund . . . 13,518,000
Schedule:
(1) 50.30.562-High Technology Theft Apprehension and Prosecution
Program . . . 13,518,000
Provisions:
1. Funds appropriated in this item are for the High Technology Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555, Statutes of 1998, and shall be
deposited in the High Technology Theft Apprehension and
Prosecution Program Trust Fund, established pursuant to Section
13848.4 of the Penal Code.
2. All grantees receiving funds appropriated in this item shall be
required to provide matching funds equal to 25 percent of the amount
of grant funding received by them from the High Technology Theft
Apprehension and Prosecution Program Trust Fund.
0690-102-0890--For local assistance, Office of Emergency Services,
payable from the Federal Trust Fund . . . 134,124,000
Schedule:
(1) 50.20.151-Domestic Violence Program . . . 8,751,000
(2) 50.20.161-Violence Against Women Act . . . 12,990,000
(3) 50.20.171-Rural Domestic Violence/Child Victimization . . .
571,000
(4) 50.20.302-Rape Prevention . . . 5,571,000
(5) 50.20.451-Victims of Crime Act (VOCA) . . . 40,698,000
(6) 50.30.523-Forensic Sciences Improvement Act . . . 358,000
(7) 50.30.525-Child Justice Act . . . 1,775,000
(8) 50.30.550-Byrne State/Local Law Enforcement Assistance . . .
52,118,000
(9) 50.30.555-Residential Substance Abuse Treatment . . . 9,135,000
(10) 50.30.556-Local Law Enforcement Block Grants . . . 882,000
(11) 50.30.559-Peace Officer Protective Equipment . . . 1,275,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency Services may provide advance payment of up to 25
percent of grant funds awarded to community-based, nonprofit
organizations, cities, school districts, counties, and other units of
local
government that have demonstrated cashflow problems according to
the criteria set forth by the Office of Emergency Services.
2. Of the funds appropriated in this item, $224,000 of the amount
allocated for the Victims of Crime Act Program (50.20.451) shall be
provided for support of the Office of Victims Services within the
Department of Justice.
0690-112-0001--For local assistance, Office of Emergency Services,
for disaster recovery costs . . . 56,278,000
Provisions:
1. The funds appropriated in this item are for the state's share of
response and recovery costs for disasters.
0690-113-0001--For transfer by the Controller to the High
Technology Theft Apprehension and Prosecution Program Trust Fund
. . . 13,300,000
Provisions:
1. Funds appropriated in this item are for the High Technology Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555 of the Statutes of 1998, and shall
be deposited in the High Technology Theft Apprehension and
Prosecution Program Trust Fund, established pursuant to Section
13848.4 of the Penal Code.
0690-113-0890--For transfer by the Controller from the Federal Trust
Fund to the High Technology Theft Apprehension and Prosecution
Program Trust Fund . . . 218,000
Provisions:
1. Funds appropriated in this item are for the High Technology Theft
Apprehension and Prosecution Program established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, and shall be deposited in the High Technology Theft
Apprehension and Prosecution Program Trust Fund, established
pursuant to Section 13848.4 of the Penal Code.
0690-115-0001--For local assistance, Office of Emergency Services,
for volunteer disaster service worker's compensation . . . 663,000
Provisions:
1. The funds appropriated in this item shall be used to pay approved
volunteer disaster service worker's compensation claims and
administrative expenditures related to the payment of such claims by
the State Compensation Insurance Fund.
0690-295-0001--For local assistance, Office of Emergency Services,
for reimbursement, in accordance with the provision of Section 6 of
Article XIIIB of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.103.280-Deaf Teletype Equipment (Ch. 1032, Stats. 1980)
. . . 0
Provisions:
1. Pursuant to Section 17581 of the Government Code, the mandate
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision is
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Deaf Teletype Equipment (Ch. 1032, Stats. 1980).
0690-296-0001--For local assistance, Office of Emergency Services,
for reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 2,000
Schedule:
(1) 98.01.124.992-Threats Against Peace Officers (Ch. 1249, Stats.
1992, and Ch. 666, Stats. 1995) . . . 1,000
(2) 98.01.041.195-Crime Victims' Rights (Ch. 411, Stats. 1995) . . .
1,000
(3) 98.01.003.694-Sex Crime Confidentiality (Ch. 36, Stats. 1994, 1st
Ex. Sess.) . . . 0
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs
in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriation and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriate schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(3) Sex Crime Confidentiality (Ch. 36, Stats. 1994, 1st Ex. Sess.)
0690-490--Reappropriation, Office of Emergency Services. The
balance of the appropriation provided in the following citations is
reappropriated for the purposes, and subject to the limitations,
unless
otherwise specified, provided for in the appropriations and shall be
available for encumbrance and expenditure until June 30, 2005:
0001--General Fund
(1) Item 0690-301-0001, Budget Act of 2003 (Ch. 157, Stats. 2003)
(1) 80.10.008-Sacramento: OES Headquarters Perimeter
Fence--Working drawings
0690-491--Reappropriation, Office of Emergency Services. The
balance of the appropriations provided in the following citations are
reappropriated to the Office of Emergency Services for the purposes
provided for in Section 25.00 of the Budget Act of 2003 (Ch. 157,
Stats. 2003) and shall be available for encumbrance or expenditure
until June 30, 2005:
0001--General Fund
(1) Item 8100-101-0001, Budget Act of 2003 (Ch. 157, Stats. 2003).
Up to $25,628,000 pursuant to Section 25.00 of the Budget Act of
2003 (Ch. 157, Stats. 2003)
0241--Local Public Prosecutors and Public Defenders Training Fund
(1) Item 8100-101-0241, Budget Act of 2003 (Ch. 157, Stats. 2003).
Up to $432,000 pursuant to Section 25.00 of the Budget Act of 2003
(Ch. 157, Stats. 2003).
0425--Victim-Witness Assistance Fund
(1) Item 8100-101-0425, Budget Act of 2003 (Ch. 157, Stats. 2003).
Up to $8,541,000 pursuant to Section 25.00 of the Budget Act of 2003
(Ch. 157, Stats. 2003).
0597--High Technology Theft Apprehension and Prosecution Program
Trust Fund
(1) Item 8100-101-0597, Budget Act of 2003 (Ch. 157, Stats. 2003).
Up to $7,142,000 pursuant Section 25.00 of the Budget Act of 2003
(Ch. 157, Stats. 2003).
0750-001-0001--For support of Office of the Lieutenant Governor . . .
2,656,000
0820-001-0001--For support of Department of Justice . . .
300,395,000
Schedule:
(1) 11.01-Directorate-Administration . . . 24,552,000
(2) 11.02-Distributed Directorate-Administration . . . -24,552,000
(3) 12.01-Legal Support and Technology . . . 43,907,000
(4) 12.02-Distributed Legal Support and Technology . . . -43,907,000
(5) 25-Executive Programs . . . 13,704,000
(6) 30-Civil Law . . . 107,061,000
(7) 40-Criminal Law . . . 107,227,000
(8) 45-Public Rights . . . 62,313,000
(9) 50-Law Enforcement . . . 149,287,000
(10) 60-California Justice Information Services . . . 152,413,000
(11) 65-Gambling Control . . . 14,344,000
(12) 70-Firearms . . . 12,204,000
(14) Reimbursements . . . -132,944,000
(15) Amount payable from the Attorney General Antitrust Account
(Item 0820-001-0012) . . . -1,187,000
(16) Amount payable from Hazardous Waste Control Account (Item
0820-001-0014) . . . -1,787,000
(17) Amount payable from the Fingerprint Fees Account (Item
0820-001-0017) . . . -63,237,000
(18) Amount payable from Firearms Safety Account (Item
0820-001-0032) . . . -317,000
(19) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 0820-0010044) . . . -20,933,000
(20) Amount payable from the Department of Justice Sexual Habitual
Offender Fund (Item 0820-001-0142) . . . -2,664,000
(21) Amount payable from the Travel Seller Fund (Item
0820-0010158) . . . -1,003,000
(22) Amount payable from Conservatorship Registry Fund (Item
0820-001-0195) . . . -47,000
(23) Amount payable from the Restitution Fund (Item 0820-001-0214)
. . . -58,000
(24) Amount payable from the Sexual Predator Public Information
Account (Item 0820-001-0256) . . . -58,000
(25) Amount payable from the Indian Gaming Special Distribution
Fund (Item 0820-001-0367) . . . -9,270,000
(26) Amount payable from the False Claims Act Fund (Item
0820-001-0378) . . . -11,348,000
(27) Amount payable from the Dealers' Record of Sale Special
Account (Item 0820-001-0460) . . . -8,403,000
(28) Amount payable from the Toxic Substances Control Account
(Item 0820-001-0557) . . . -2,135,000
(29) Amount payable from the Department of Justice Child Abuse
Fund (Item 0820-001-0566) . . . -329,000
(30) Amount payable from the Gambling Control Fund (Item
0820-001-0567) . . . -6,337,000
(31) Amount payable from the Gambling Control Fines and Penalties
Account (Item 0820-001-0569) . . . -43,000
(32) Amount payable from the Federal Trust Fund (Item
0820-0010890) . . . -32,958,000
(33) Amount payable from the Federal Asset Forfeiture Account,
Special Deposit Fund (Item 0820-001-0942) . . . -1,548,000
(34) Amount payable from the State Asset Forfeiture Account, Special
Deposit Fund (Item 0820-011-0942) . . . -529,000
(35) Amount payable from the Firearms Safety and Enforcement
Special Fund (Item 0820-001-1008) . . . -2,903,000
(36) Amount payable from the Missing Persons DNA Database Fund
(Item 0820-001-3016) . . . -3,103,000
(37) Amount payable from the Public Rights Law Enforcement
Special Fund (Item 0820-001-3053) . . . -518,000
(38) Amount payable from the Rate Payer Relief Fund (Item
0820-001-3061) . . . -14,499,000
Provisions:
1. The Attorney General shall submit to the Legislature, the
Department of Finance, and the Governor the quarterly and annual
reports that he or she submits to the federal government on the
activities of the Medi-Cal Fraud Unit.
2. Notwithstanding any other provision of law, the Department of
Justice may purchase or lease vehicles of any type or class that, in
the
judgment of the Attorney General or his or her designee, are
necessary
to the performance of the investigatory and enforcement
responsibilities of the Department of Justice, from the funds
appropriated for that purpose in this item.
3. Notwithstanding Section 28.50 of this act, the Attorney General
may augment the reimbursement authority provided in this item by up
to an aggregate of 10 percent above the amount approved in this act
for the Civil Law Division and the Public Rights Division in cases
where the legal representation needs of client agencies are secured
by
an interagency agreement or letter of commitment and the
corresponding expenditure authority has not been provided in this
item. The Attorney General shall notify the chairpersons of the
budget
committees, the Joint Legislative Budget Committee and the
Department of Finance within 15 days after the augmentation is made
as to the amount and justification of the augmentation, and the
program
that has been augmented.
4. Of the amount included in Schedule (8) of this item, $14,499,000
is
available for costs related to litigation by the Attorney General's
Energy Task Force. Upon settlement of cases in the above item by the
Energy Task Force, the Attorney General shall secure an agreement or
petition the courts for recovery of costs. Any recovery of costs
shall
be deposited in the General Fund to repay Energy Task Force costs
appropriated in this item.
5. Of the amount included in Schedule (6) of this item, $1,500,000 is
available for costs related to litigation for the 1986 and 1997
California floods. Any funds not expended for this specific purpose
shall revert to the General Fund.
6. The Department of Finance may submit a request for funding
pursuant to Items 9840-001-0001, 9840-001-0494, and
9840-001-0988 if flood litigation expenses exceed the amount
appropriated for this purpose.
7. Of the amount included in Schedule (6) of this item, $5,126,000 is
available for costs related to the Lloyd's of London (Stringfellow)
litigation. Any funds not expended for this specific purpose as of
June
30, 2005, shall revert immediately to the General Fund.
0820-001-0012--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Attorney General Antitrust
Account . . . 1,187,000
0820-001-0014--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Hazardous Waste Control
Account . . . 1,787,000
0820-001-0017--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Fingerprint Fees Account,
pursuant to subdivision (e) of Section 11105 of the Penal Code . . .
63,237,000
0820-001-0032--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Firearms Safety Account . . .
317,000
0820-001-0044--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Motor Vehicle Account, State
Transportation Fund . . . 20,933,000
0820-001-0142--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Department of Justice Sexual
Habitual Offender Fund . . . 2,664,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
0820-001-0158--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Travel Seller Fund . . .
1,003,000
0820-001-0195--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Conservatorship Registry Fund
. . . 47,000
0820-001-0214--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Restitution Fund . . . 58,000
0820-001-0256--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Sexual Predator Public
Information Account . . . 58,000
0820-001-0367--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Indian Gaming Special
Distribution Fund . . . 9,270,000
0820-001-0378--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the False Claims Act Fund . . .
11,348,000
0820-001-0460--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Dealers' Record of Sale
Special Account . . . 8,403,000
Provisions:
1. Dealers' Record of Sale fees collected pursuant to the state law
for
the registration of assault weapons shall not exceed $20 per
registrant.
0820-001-0557--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Toxics Substances Control
Account . . . 2,135,000
0820-001-0566--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from Department of Justice Child
Abuse Fund . . . 329,000
0820-001-0567--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from Gambling Control Fund . . .
6,337,000
0820-001-0569--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from Gambling Control Fines and
Penalties Account . . . 43,000
0820-001-0890--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Federal Trust Fund . . .
32,958,000
0820-001-0942--For support of Department of Justice, for payment to
Item 0820-001-0006, payable from the Federal Asset Forfeiture
Account, Special Deposit Fund . . . 1,548,000
0820-001-1008--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Firearms Safety and
Enforcement Special Fund . . . 2,903,000
0820-001-3016--For support of Department of Justice, for payment to
Item 0820-001-3016 payable from the Missing Persons DNA
Database Fund . . . 3,103,000
0820-001-3053--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Public Rights Law
Enforcement Special Fund . . . 518,000
0820-001-3061--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the Rate Payer Relief Fund . . .
14,499,000
0820-003-0001--For support of Department of Justice, for rental
payments on lease-revenue bonds . . . 2,715,000
Schedule:
(1) Base Rental and Fees . . . 2,700,000
(2) Insurance . . . 15,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
0820-011-0942--For support of Department of Justice, for payment to
Item 0820-001-0001, payable from the State Asset Forfeiture
Account, Special Deposit Fund . . . 529,000
0820-101-0001--For local assistance, Department of Justice . . .
3,045,000
Schedule:
(1) 40-Criminal law . . . 3,045,000
Provisions:
1. The funds appropriated in this item shall be allocated to
district
attorneys for vertical prosecution activities related to
implementation
of the Battered Women Protection Act of 1994, pursuant to Chapter
885 of the Statutes of 1997.
0820-101-0214--For local assistance, Department of Justice . . .
2,942,000
Provisions:
1. The funds appropriated in this item shall be allocated to support
the
California Witness Protection Program, pursuant to Chapter 507,
Statutes of 1997. Any funds not expended for this specific purpose
shall revert to the General Fund.
2. Of the amount appropriated in this item, and the amount
appropriated in Item 0820-001-0001, the department may expend up
to $150,000 for the administration of the California Witness
Protection Program, including the review of appropriate policies and
procedures for the submittal and review of claims.
0820-101-0460--For local assistance, Department of Justice, payable
from the Dealers' Record of Sale Special Account . . . 33,000
Schedule:
(1) 70-Firearms . . . 33,000
0820-101-0641--For local assistance, Department of Justice, payable
from the Domestic Violence Restraining Order Reimbursement Fund .
. . 2,002,000
Provisions:
1. The funds appropriated in this item shall be expended to reimburse
local law enforcement or other criminal justice agencies pursuant to
Chapter 707 of the Statutes of 1998.
0820-111-0001--For transfer by the Controller to the Department of
Justice DNA Testing Fund . . . 225,000
Provisions:
1. The amount transferred in this item shall be expended to
reimburse
counties pursuant to Chapter 696 of the Statutes of 1998.
0820-111-0255--For local assistance, Department of Justice, payable
from the Department of Justice DNA Testing Fund . . . 225,000
Provisions:
1. The funds appropriated in this item shall be expended to reimburse
counties pursuant to Chapter 696 of the Statutes of 1998.
0820-295-0001--For local assistance, Department of Justice, for
reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 1,000
Schedule:
(1) 98.01.139.976-Custody of Minors (Ch. 1399, Stats. 1976) . . .
1,000
(2) 98.01.033.790-Stolen Vehicle Notification
(Ch. 337, Stats. 1990) . . . 0
(3) 98.01.048.598-Sex Offenders: Disclosure by Law Enforcement
Officers (Ch. 485, Stats. 1998) . . . 0
(4) 98.01.110.592-Misdemeanors: Booking and Fingerprinting (Ch.
1105, Stats 1992) . . . 0
Provisions:
1. Except as provided in Provision 2, allocations of funds provided
in
this item to the appropriate local entities shall be made by the
State
Controller in accordance with the provisions of each statute or
executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriation and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(2) Stolen Vehicles Notification (Ch. 337, Stats. 1990)
(3) Sex Offenders: Disclosure by Law Enforcement Officers (Ch. 485,
Stats. 1998)
(4) Misdemeanors: Booking and Fingerprinting (Ch. 1105, Stats.
1992)
0820-301-0660--For capital outlay, Department of Justice, payable
from the Public Buildings Construction Fund . . . 8,098,000
Schedule:
(1) 85.60.010-Santa Barbara Replacement Laboratory--Construction .
. . 8,098,000
Provisions:
1. The State Public Works Board may issue lease revenue bonds,
notes, or bond anticipation notes pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b of Division 3 of Title 2 of the
Government Code to finance the construction of the project authorized
by this item.
2. The State Public Works Board and the Department of Justice may
obtain interim financing for the project costs authorized in this
item
from any appropriate source, including, but not limited to, Section
15849.1 of the Government Code and the Pooled Money Investment
Account pursuant to Sections 16312 and 16313 of the Government
Code.
3. The State Public Works Board may authorize the augmentation of
the cost of construction of the projects scheduled in this item
pursuant
to the board's authority under Section 13332.11 of the Government
Code. In addition, the State Public Works Board may authorize any
additional amount necessary to establish a reasonable construction
reserve and to pay the cost of financing, including the payment of
interest during construction of the projects, the costs of financing
a
debt service fund, and the cost of issuance of permanent financing
for
the project. This additional amount may include interest payable on
any interim financing obtained.
4. The Department of Justice is authorized and directed to execute
and
deliver any and all leases, contracts, agreements, or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the scheduled projects.
5. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under the State Building
Construction Act of 1955 (Part l0b (commencing with Section 15800)
of Division 3 of Title 2 of the Government Code). This section does
not exempt the Department of Justice from the requirements of the
California Environmental Quality Act. This section is declarative of
existing law.
0820-491--Reappropriation, Department of Justice. The balance
specified below of the appropriation for the Armed Prohibited
Persons Database System provided in the following citation is
reappropriated for the purpose provided for in that appropriation and
shall be available for encumbrance or expenditure until June 30,
2005.
0001--General Fund
(1) Item 0820-001-0001, Budget Act of 2003, (Ch. 157, Stats. 2003).
Up to $2,663,000 appropriated in Program 60--California Justice
Information Services.
0820-495--Reversion, Department of Justice. As of June 30, 2004, the
unencumbered balance of the appropriation provided in the following
citation shall revert to the fund balance of the fund from which the
appropriation was made:
0660--Public Buildings Construction Fund
(1) Item 0820-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002)
(1) 85.60.010-Santa Barbara Replacement Laboratory--Construction
0840-001-0001--For support of State Controller . . . 70,434,000
Schedule:
(1) 100000-Personal Services . . . 73,121,000
(2) 300000-Operating Expenses and Equipment . . . 40,732,000
(2.5) Amount payable from various special and nongovernmental cost
funds (Section 25.25) . . . -2,520,000
(3) Reimbursements . . . -31,881,000
(4) Amount payable from the Motor Vehicle Fuel Account,
Transportation Tax Fund (Item 0840-001-0061) . . . -3,415,000
(5) Amount payable from the Highway Users Tax Account,
Transportation Tax Fund (Item 0840-001-0062) . . . -978,000
(6) Amount payable from the Local Revenue Fund (Item
0840-001-0330) . . . -461,000
(7) Amount payable from the State School Building Lease-Purchase
Fund (Item 0840-001-0344) . . . -801,000
(8) Amount payable from the Federal Trust Fund (Item
0840-001-0890) . . . -1,200,000
(9) Amount payable from the State Penalty Fund (Item
0840-001-0903) . . . -1,104,000
(10) Amount payable from various other unallocated nongovernmental
cost funds (Retail Sales Tax Fund) (Item 0840-001-0988) . . .
-206,000
(11) Amount payable from other unallocated special funds (Item
0840-011-0494) . . . -45,000
(12) Amount payable from unallocated bond funds (Item
0840-011-0797) . . . -185,000
(13) Amount payable from various other unallocated nongovernmental
cost funds (Item 0840-011-0988) . . . -44,000
(14) Amount payable from the Public Transportation Account, State
Transportation Fund (Section 25.50) . . . -9,000
(15) Amount payable from the Highway Users Tax Account,
Transportation Tax Fund (Section 25.50) . . . -166,000
(16) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Section 25.50) . . . -204,000
(17) Amount payable from the DMV Local Agency Collection Fund
(Section 25.50) . . . -1,000
(18) Amount payable from the Trial Court Trust Fund (Section 25.50)
. . . -79,000
(19) Amount payable from the Timber Tax Fund (Section 25.50) . . .
-2,000
(20) Amount payable from the Public Safety Account, Local Public
Safety Fund (Section 25.50) . . . -118,000
Provisions:
1. The appropriation made in this item shall be in lieu of the
appropriation in Section 1564 of the Code of Civil Procedure for all
costs, expenses, or obligations connected with the administration of
the Unclaimed Property Law, with the exception of payment of
owners' or holders' claims pursuant to Section 1540, 1542, 1560, or
1561 of the Code of Civil Procedure, or of payment of the costs of
compensating contractors for locating and recovering unclaimed
property due the state.
2. Of the claims received for reimbursement of court-ordered or
voluntary desegregation programs pursuant to Sections 42243.6,
42247, and 42249 of the Education Code, the Controller shall pay
only those claims that have been subjected to audit by school
districts
in accordance with the Controller's procedures manual for conducting
audits of education desegregation claims. Furthermore, the Controller
shall pay only those pastyear actual claims for desegregation program
costs that are accompanied by all reports issued by the auditing
entity,
unless the auditing entity was the Controller.
3. No less than 0.9 personnel-year in the Audits Division shall be
used to audit education desegregation claims.
4. The Controller may, with the concurrence of the Director of
Finance and the Chairperson of the Joint Legislative Budget
Committee, bill affected state departments for activities required by
Section 20050 of the State Administrative Manual, relating to the
administration of federal pass-through funds.
No billing may be sent to affected departments sooner than 30 days
after the Chairperson of the Joint Legislative Budget Committee has
been no- tified by the Director of Finance that he or she concurs
with
the amounts specified in the billings.
5. (a) Notwithstanding subdivision (b) of Section 1531 of the Code of
Civil Procedure, the Controller may publish notice in any manner that
the Controller determines reasonable, provided that (1) none of the
moneys used for this purpose is redirected from funding for the
Controller's audit activities, (2) no photograph is used in the
publication of notice, and (3) no elected official's name is used in
the
publication of notice.
(b) No funds appropriated in this act may be expended by the
Controller to provide general information to the public, other than
holders (as defined in subdivision (e) of Section 1501 of the Code of
Civil Procedure) of unclaimed property, concerning the unclaimed
property program or possible existence of unclaimed property held by
the Controller's office, except for informational announcements to
the
news media, through the exchange of information on electronic
bulletin boards, or no more than $15,000 per year to inform the
public
about this program in activities already organized by the Controller
for other purposes. This restriction does not apply to sending
individual notices to property owners (as required in subdivision (d)
of Section 1531 of the Code of Civil Procedure).
6. Of the moneys appropriated to the Controller in this act, the
Controller shall not expend more than $500,000 to conduct
posteligibility fraud audits of the Supplemental Security
Income/State
Supplementary Payment Program.
7. The Commission on State Mandates shall provide, in applicable
parameters and guidelines, as follows:
(a) If a local agency or school district contracts with an
independent
contractor for the preparation and submission of reimbursement
claims, the costs reimbursable by the state for that purpose shall
not
exceed the lesser of (1) 10 percent of the amount of the claims
prepared and submitted by the independent contractor, or (2) the
actual costs that would necessarily have been incurred for that
purpose if performed by employees of the local agency or school
district.
(b) The maximum amount of reimbursement provided in subdivision
(a) may be exceeded only if the local agency or school district
establishes, by appropriate documentation, that the preparation and
submission of these claims could not have been accomplished without
incurring the additional costs claimed by the local agency or school
district.
8. The funds appropriated to the Controller in this item may not be
expended for any performance review or performance audit except
pursuant to specific statutory authority. It is the intent of the
Legislature that audits conducted by the Controller, or under the
direction of the Controller, shall be fiscal audits that focus on
claims
and disbursements, as provided for in Section 12410 of the
Government Code. Any report, audit, analysis, or evaluation issued by
the controller for the 2004-05 fiscal year shall cite the specific
statutory or constitutional provision authorizing the preparation and
release of the report, audit, analysis, or evaluation.
9. The Controller shall deliver his or her monthly report on General
Fund cash receipts and disbursements within 10 days after the close
of
each month to the Joint Legislative Budget Committee, the fiscal
committees of the Legislature, the Department of Finance, the
Treasurer's office, and the Office of the Legislative Analyst.
10. For purposes of the review and payment of any claim for
reimbursement by local government submitted pursuant to Section
54954.4 of the Government Code, the Controller shall use the
procedures that were in effect at the time the claim was submitted.
11. Pursuant to subdivision (c) of Section 1564 of the Code of Civil
Procedure, the Controller shall transfer all moneys in the Abandoned
Property Account in excess of $50,000 to the General Fund no less
frequently than at the end of each month. This transfer shall include
unclaimed Proposition 103 insurance rebate moneys pursuant to
Section 1861.01 of the Insurance Code and Section 1523 of the Code
of Civil Procedure.
0840-001-0061--For support of State Controller, for payment to Item
0840-001-0001, payable from the Motor Vehicle Fuel Account,
Transportation Tax Fund . . . 3,415,000
0840-001-0062--For support of State Controller, for payment to Item
0840-001-0001, payable from the Highway Users Tax Account,
Transportation Tax Fund . . . 978,000
0840-001-0330--For support of State Controller, for payment to Item
0840-001-0001, payable from the Local Revenue Fund . . . 461,000
0840-001-0344--For support of State Controller, for payment to Item
0840-001-0001, payable from the State School Building
Lease-Purchase Fund . . . 801,000
0840-001-0890--For support of State Controller, for payment to Item
0840-001-0001, payable from the Federal Trust Fund . . . 1,200,000
0840-001-0903--For support of State Controller, for payment to Item
0840-001-0001, payable from the State Penalty Fund . . . 1,104,000
0840-001-0988--For support of State Controller, for payment to Item
0840-001-0001, payable from various other unallocated
nongovernmental cost funds (Retail Sales Tax Fund) . . . 206,000
0840-011-0494--For support of State Controller, for payment to Item
0840-001-0001, payable from other unallocated special funds . . .
45,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures in excess of the amount
appropriated in this item not sooner than 30 days after notification
in
writing of the necessity therefor is provided to the chairpersons of
the
fiscal committees and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the chairperson of
the committee, or his or her designee, may in each instance
determine.
0840-011-0797--For support of State Controller, for payment to Item
0840-001-0001, payable from unallocated bond funds . . . 185,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures in excess of the amount
appropriated in this item not sooner than 30 days after notification
in
writing of the necessity therefor is provided to the chairpersons of
the
fiscal committees and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the chairperson of
the committee, or his or her designee, may in each instance
determine.
0840-011-0988--For support of State Controller, for payment to Item
0840-001-0001, payable from various other unallocated
nongovernmental cost funds . . . 44,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures in excess of the amount
appropriated in this item not sooner than 30 days after notification
in
writing of the necessity therefor is provided to the chairpersons of
the
fiscal committees and the Chairperson of the Joint Legislative
Budget
Committee, or not sooner than whatever lesser time the chairperson of
the committee, or his or her designee, may in each instance
determine.
0840-101-0979--For allocation by the Controller from the California
Firefighters' Memorial Fund . . . 500,000
Provisions:
1. The funds appropriated in this item are to be allocated as
follows:
(a) To the Franchise Tax Board and Controller for reimbursement of
costs incurred in connection with duties under Article 9 (commencing
with Section 18801) of Chapter 3 of Part 10.2 of Division 2 of the
Revenue and Taxation Code.
(b) To the California Fire Foundation the balance in the fund for the
construction of a memorial as authorized in that article.
0845-001-0217--For support of Department of Insurance, payable
from the Insurance Fund . . . 138,960,000
Schedule:
(1) 10-Regulation of Insurance Companies and Insurance Producers . .
. 58,235,000
(2) 12-Consumer Protection . . . 43,014,000
(3) 20-Fraud Control . . . 36,109,000
(4) 30-Tax Collection and Audit . . . 1,852,000
(5) 50.01-Administration . . . 24,674,000
(6) 50.02-Distributed Administration . . . -24,674,000
(7) Reimbursements . . . -250,000
Provisions:
1. Of the funds appropriated in this item, the Controller shall
transfer
one-half of $3,436,000 upon passage of the Budget Act and the
remaining half on January 1, 2005, to the Department of Aging for
support of the Health Insurance Counseling and Advocacy Program.
2. Of the funds appropriated in this item, the Controller shall
transfer
one-half of $556,000 upon passage of the Budget Act and the
remaining half on January 1, 2005, to the State and Consumer Services
Agency for support of the Office of Insurance Advisor, to provide
assistance to the Governor on insurance-related matters. The
unencumbered balance, as determined by the State and Consumer
Services Agency for the 2004-05 fiscal year, shall revert to the
Insurance Fund.
3. Of the funds appropriated in this item, an amount not to exceed
$600,000 shall be used solely to cover intervenor compensation costs
allowable under subdivision (b) of Section 1861.10 of the Insurance
Code.
0845-011-0285--For transfer by the State Controller from the
Earthquake Recovery Fund to the General Fund . . . (2,900,000)
0845-101-0217--For local assistance, Department of Insurance,
Program 20-Fraud Control, payable from the Insurance Fund . . .
38,963,000
0845-495--Reversion, California Department of Insurance. As of June
30, 2004, the balance of the appropriation provided in the following
citation shall revert to the fund from which the appropriation was
made:
0285--California Earthquake Recovery Fund
(1) Chapter 899, Statutes of 1995, as amended by Chapter 796,
Statutes of 1999 and Chapter 488, Statutes of 2003.
0850-001-0562--For support of the California State Lottery
Commission, for payment of expenses of the lottery, including all
costs incurred in the operation and administration of the lottery,
payable from the State Lottery Fund . . . (365,745,000)
Provisions:
1. Notwithstanding any other provision of law, the California State
Lottery Commission shall submit to the Department of Finance, the
Joint Legislative Budget Committee, and the budget committees of the
Legislature, all of the following:
(a) In conjunction with submission of the commission's quarterly
financial statements, a report comparing estimated administrative
costs to budgeted administrative costs for the 2005-06 fiscal year.
The
report shall be in sufficient detail that they may be used for
legislative
review purposes and for sustaining a thorough ongoing review of the
expenditures of the California State Lottery Commission. These
reports shall include a reporting of the lottery sales revenues and
shall
detail any administrative funding that is used to supplement the
prize
pool of any lottery game.
(b) No later than January 10, 2005, a copy of the proposed
administrative budget for the California State Lottery Commission for
the 2005-06 fiscal year that is included in the Governor's Budget.
(c) No later than June 1, 2005, a copy of the proposed administrative
budget and expected sales revenue for the California State Lottery
Commission for the 2005-06 fiscal year that is submitted to the
California State Lottery Commission's Budget Committee. This report
shall detail any administrative funding that is proposed to be used
to
supplement the prize pool of any lottery game.
(d) No later than June 30, 2005, the final 2005-06 budget and revenue
projectionsapproved by the California State Lottery Commission. The
report shall include any approved revision, and supporting
docu-mentation, to the June 1, 2005, proposed budget. The report
shall detail any administrative funding that is proposed to be used
to
supplement the prize pool of any lottery game.
0855-001-0367--For support of California Gambling Control
Commission, payable from the Indian Gaming Special Distribution
Fund . . . 5,305,000
Schedule:
(1) 10-California Gambling Control Commission . . . 5,305,000
0855-001-0567--For support of California Gambling Control
Commission, payable from the Gambling Control Fund . . . 2,195,000
Schedule:
(1) 10-California Gambling Control Commission . . . 2,195,000
0855-101-0366--For local assistance, California Gambling Control
Commission, payable from the Indian Gaming Revenue Sharing Trust
Fund . . . 96,500,000
Provisions:
1. The funds appropriated in this item are for distribution to
noncompact tribes pursuant to Section 12012.90 of the Government
Code.
2. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for purposes of this item in
excess
of the amount appropriated in this item. The Director of Finance may
not approve any expenditure unless the approval is made in writing
and filed with the Chairperson of the Joint Legislative Budget
Committee and the chairperson of the committee in each house that
considers appropriations not later than 30 days prior to the
effective
date of approval, or prior to whatever lesser time the chairperson
of
the joint committee, or his or her designee, may determine.
3. As part of any request to augment this item, the California
Gambling
Control Commission shall provide the Chairperson of the Joint
Legislative Budget Committee and the chairperson of the committee in
each house that considers appropriations a report identifying (a) the
methodology for determining a noncompact tribe, (b) a list of the
noncompact tribes identified based on the commission's methodology,
(c) a trust fund condition report including the amount of revenue
received from each compact tribe, and (d) the amount of funds to be
distributed to each noncompact tribe. Upon receiving additional
expenditure authority for distributing funds under the trust fund,
the
commission shall submit that information to the chairpersons of the
committees on a quarterly basis concurrent with the distribution of
the
funds to the noncompact tribes.
0855-101-0367--For local assistance, California Gambling Control
Commission, payable from the Indian Gaming Special Distribution
Fund . . . 30,000,000
Provisions:
1. Funds appropriated in this item shall be used to provide grants to
local government agencies pursuant to Section 12715 of the
Government Code.
2. Notwithstanding any other provision of law, the Department of
Finance may augment the amount available for expenditure in this
item, if sufficient funds are available in the Indian Gaming Special
Distribution Fund after fulfillment of the provisions of subdivision
(g)
of Section 12012.85 of the Government Code.
0855-111-0367--For transfer by the Controller, upon order of the
Director of Finance, from the Indian Gaming Special Distribution
Fund, to the Indian Gaming Revenue Sharing Trust Fund . . .
(50,500,000)
0860-001-0001--For support of State Board of Equalization . . .
202,222,000
Schedule:
(1) 100000-Personal Services . . . 255,680,000
(2) 300000-Operating Expenses and Equipment . . . 87,266,000
(3) Reimbursements . . . -97,479,000
(4) Amount payable from the Breast Cancer Fund (Item
0860-001-0004) . . . -259,000
(5) Amount payable from the State Emergency Telephone Number
Account (Item 0860-001-0022) . . . -577,000
(6) Amount payable from the Motor Vehicle Fuel Account,
Transportation Tax Fund (Item 0860-001-0061) . . . -19,454,000
(7) Amount payable from the Occupational Lead Poisoning Prevention
Account (Item 0860-001-0070) . . . -628,000
(8) Amount payable from the Childhood Lead Poisoning Prevention
Fund (Item 0860-001-0080) . . . -453,000
(9) Amount payable from the Cigarette and Tobacco Products Surtax
Fund (Item 0860-001-0230) . . . -3,411,000
(10) Amount payable from the Oil Spill Prevention and
Administration Fund (Item 0860-001-0320) . . . -233,000
(11) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 0860-001-0387) . . .
-407,000
(12) Amount payable from the Underground Storage Tank Cleanup
Fund (Item 0860-001-0439) . . . -2,019,000
(13) Amount payable from the Energy Resources Programs Account
(Item 0860-001-0465) . . . -235,000
(14) Amount payable from the California Children and Families First
Trust Fund (Item 0860-001-0623) . . . -4,530,000
(15) Amount payable from the Federal Trust Fund (Item
0860-001-0890) . . . -32,000
(16) Amount payable from the Timber Tax Fund (Item
0860-001-0965) . . . -2,017,000
(17) Amount payable from the Gas Consumption Surcharge Fund (Item
0860-001-3015) . . . -399,000
(18) Amount payable from the Water Rights Fund (Item
0860-0013058) . . . -428,000
(19) Amount payable from the Cigarette and Tobacco Products
Compliance Fund (Item 0860-001-3067) . . . -8,163,000
Provisions:
1. It is the intent of the Legislature that all funds appropriated to
the
Board of Equalization for processing tax returns, auditing, and
collecting owed tax amounts, shall be used in a manner consistent
with its authorized budget and the documents that were presented to
the Legislature for its review in support of that budget. The Board
of
Equalization shall not reduce expenditures or redirect either funding
or personnel resources away from direct auditing or collection
activities without prior approval of the Director of Finance. The
director shall not approve any such reduction or redirection sooner
than 30 days after providing notification to the Joint Legislative
Budget Committee. No such position may be transferred from the
organizational unit to which it was assigned in the 2004-05
Governor's Budget and the Salaries and Wages Supplement as revised
by legislative actions without the approval of the Department of
Finance. Furthermore, the board shall expeditiously fill budgeted
positions consistent with the funding provided in this act.
2. Of the amount appropriated in this item, the $4,904,000 allocated
for the Alternative Cigarette Stamp Tax contract shall not be
expended
until the Department of Finance approves the Special Project Report
for the Alternative Cigarette Tax Stamp Project.
0860-001-0004--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Breast Cancer
Fund . . . 259,000
Provisions:
1. Notwithstanding Section 30461.6 of the Revenue and Taxation
Code, or any other provision of law, sufficient funds to cover the
costs of the State Board of Equalization for the collection and
enforcement of fees to be deposited in the Breast Cancer Fund shall
be retained in the fund, and be available to be appropriated to the
board.
0860-001-0022--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the State Emergency
Telephone Number Account . . . 577,000
0860-001-0061--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Motor Vehicle Fuel
Account, Transportation Tax Fund . . . 19,454,000
0860-001-0070--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Occupational Lead
Poisoning Prevention Account . . . 628,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified by
Section 13332.18 of the Government Code.
0860-001-0080--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 453,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified by
Section 13332.18 of the Government Code.
0860-001-0230--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Cigarette and
Tobacco Products Surtax Fund . . . 3,411,000
0860-001-0320--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Oil Spill
Prevention and Administration Fund . . . 233,000
0860-001-0387--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Integrated Waste
Management Account, Integrated Waste Management Fund . . .
407,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified by
Section 13332.18 of the Government Code.
0860-001-0439--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Underground
Storage Tank Cleanup Fund . . . 2,019,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
0860-001-0465--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Energy Resources
Programs Account . . . 235,000
0860-001-0623--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the California Children
and Families First Trust Fund . . . 4,530,000
0860-001-0890--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Federal Trust Fund
. . . 32,000
0860-001-0965--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Timber Tax Fund .
. . 2,017,000
0860-001-3015--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Gas Consumption
Surcharge Fund . . . 399,000
0860-001-3058--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Water Rights Fund
. . . 428,000
0860-001-3067--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Cigarette and
Tobacco Products Compliance Fund . . . 8,163,000
0890-001-0001--For support of Secretary of State . . . 18,786,000
Schedule:
(1) 100000-Personal Services . . . 28,589,000
(2) 300000-Operating Expenses and Equipment . . . 240,818,000
(3) Special Item of Expense-Election Related Costs . . . 8,958,000
(4) Reimbursements . . . -7,339,000
(5) Amount payable from the Secretary of State's Business Fees Fund
(Item 0890-001-0228) . . . -27,140,000
(6) Amount payable from the Federal Trust Fund (Item
0890-0010890) . . . -223,500,000
(7) Amount payable from the Victims of Corporate Fraud
Compensation Fund (Item 0890-001-3042) . . . -1,600,000
Provisions:
1. The Secretary of State may not expend any special handling fees
authorized by Chapter 999 of the Statutes of 1999 that are collected
in
excess of the cost of administering those special handling fees
unless
specifically authorized by the Legislature.
2. Of the amounts appropriated in this item, $1,700,000 shall be used
for operational costs associated with implementation of the Help
America Vote Act.
3. Prior to the expenditure of any other funds in this item, the
Secretary of State shall submit a spending plan to the Department of
Finance for approval. The spending plan may set out proposed
expenditures in whole or in part depending on the guidelines issued
by
the Federal Election Assistance Committee. The spending plan shall
include, at a minimum, (a) a detailed description and schedule of
proposed expenditures by function and activity, (b) a description and
detail of any proposed hiring of state employees or the use of
consulting contracts, (c) a timeline for the meeting of federal
requirements, and (d) any estimated costs to meet federal
requirements which exceed the appropriated funds. It is the intent of
the Legislature that the spending plan provide more specific details
as
to the effective use of the funds than have been previously provided
and that the public policy goals behind the spending plan be made
explicit. No approval of a spending plan by the Department of Finance
shall be effective sooner than 30 days following transmittal of the
plan
to the Chairperson of the Joint Legislative Budget Committee and the
chairperson of the committee in each house that considers election
issues, or not sooner than whatever lesser time the chairperson of
the
joint committee, or his or her designee, may determine.
4. No funds in this item shall be spent on a statewide voter data
base
prior to the Department of Finance's approval of a feasibility study
report for the project.
5. Upon notification and approval of a spending plan pursuant to
Provision 3, the Department of Finance may authorize the transfer of
amounts from this item to Item 0890-101-0890 in order to realign the
budget in a manner that is consistent with the approved plan.
0890-001-0228--For support of Secretary of State, for payment to
Item 0890-001-0001, payable from the Secretary of State's Business
Fees Fund . . . 27,140,000
0890-001-0890--For support of Secretary of State, for payment to
Item 0890-001-0001, payable from the Federal Trust Fund . . .
223,500,000
0890-001-3042--For support of Secretary of State, for payment to
Item 0890-001-0001, payable from the Victims of Corporate Fraud
Compensation Fund . . . 1,600,000
0890-003-0001--For support of Secretary of State, for rental
payments on lease-revenue bonds . . . 7,930,000
Schedule:
(1) Base Rental and Fees . . . 9,424,000
(2) Structural Insurance . . . 81,000
(3) Reimbursements . . . -1,575,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
0890-003-0228--For support of Secretary of State, for rental
payments on lease-revenue bonds, payable from the Secretary of
State's Business Fees Fund . . . 2,504,000
Schedule:
(1) Base Rental and Fees . . . 2,976,000
(2) Structural Insurance . . . 26,000
(3) Reimbursements . . . -498,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
other-wise might be needed to ensure debt requirements are met.
0890-101-0890--For local assistance, Secretary of State, Help
America Vote Act of 2002 (P.L. 107-252) . . . 42,600,000
Provisions:
1. Prior to the expenditure of any funds appropriated by this item,
the
Secretary of State shall submit a spending plan to the Department of
Finance for approval. The spending plan may set out proposed
expenditures in whole or in part depending on the guidelines issued
by
the Federal Election Assistance Committee. The spending plan shall
include, at a minimum, all of the following: (a) a detailed
description
and schedule of proposed expenditures by function and activity, (b) a
description and detail of any proposed hiring of state employees or
the use of consulting contracts, (c) a timeline for the meeting of
federal requirements, and (d) any estimated costs to meet federal
requirements that exceed the appropriated funds. It is the intent of
the
Legislature that the spending plan provide more specific details as
to
the effective use of the funds than have been previously provided and
that the public policy goals behind the spending plan be made
explicit.
No approval of a spending plan by the Department of Finance shall be
effective sooner than 30 days following transmittal of the plan to
the
Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the committee in each house that considers election
issues, or not sooner than whatever lesser time the chairperson of
the
joint committee, or his or her designee, may determine.
2. Upon notification and approval of a spending plan pursuant to
Provision 1, the Department of Finance may authorize the transfer of
amounts from this item to Item 0890-001-0890 in order to realign the
budget in a manner that is consistent with the approved plan.
0890-295-0001--For local assistance, Secretary of State, for
reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 4,000
Schedule:
(1) 98.01.007.778-Absentee Ballots (Ch. 77, Stats. 1978) . . . 1,000
(2) 98.01.039.188-Brendon Maguire Act (Ch. 391, Stats. 1988) . . .
1,000
(3) 98.01.070.475-Voter Registration Procedures (Ch. 704, Stats.
1975) . . . 1,000
(4) 98.01.142.282-Permanent Absent Voters (Ch. 1422, Stats. 1982) .
. . 1,000
(5) 98.01.049.479-Handicapped Voter Access (Ch. 494, Stats. 1979)
. . . 0
(6) 98.01.101.381-Local Elections Consolidation (Ch. 1013, Stats.
1981) . . . 0
(7) 98.01.104.285-Election Materials (Ch. 1042, Stats. 1985) . . . 0
(8) 98.01.140.176-Voter Registration Roll Purge (Ch. 1401, Stats.
1976) . . . 0
(9) 98.01.160.382-Democratic Presidential Delegates (Ch. 1603,
Stats. 1982) . . . 0
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(a) Handicapped Voter Access (Ch. 494, Stats. 1979).
(b) Local Elections Consolidation (Ch. 1013, Stats. 1981).
(c) Election Materials (Ch. 1042, Stats. 1985).
(d) Voter Registration Roll Purge (Ch. 1401, Stats. 1976).
(e) Democratic Presidential Delegates (Ch. 1603, Stats. 1982).
0950-001-0001--For support of State Treasurer . . . 5,751,000
Schedule:
(1) 100000-Personal Services . . . 16,171,000
(2) 300000-Operating Expenses and Equipment . . . 5,437,000
(3) Reimbursements . . . -15,857,000
Provisions:
1. The State Treasurer shall seek to increase the reimbursement rates
charged to those departments or programs that receive services from
the State Treasurer's office's Item Processing System by an amount
sufficient to recover from those departments or programs, over a
five-year period, beginning not later than fiscal year 1999-00, their
fair share of the $3.78 million cost of upgrading the system to be
Year
2000 compliant. Those departments or programs include, but are not
limited to, the Department of Health Services' Women, Infant and
Children Program, and the Employment Development Department's
Unemployment and Disability Insurance Program.
0950-295-0001--For local assistance, State Treasurer, for
reimbursement, in accordance with the provisions of
Section 6 of Article XIIIB of the California Constitution or of
Section
17561 of the Government Code, of the costs of any new program or
increased level of service of an existing program mandated by statute
or executive order, for disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.078.395-Investment Reports--
Cities and Counties (Ch. 783, Stats. 1995) . . . 0
(2) 98.01.078.495-County Treasury Oversight Committees (Ch. 784,
Stats. 1995 and Ch. 156, Stats. 1996) . . . 0
Provisions:
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Investment Reports--Cities and Counties (Ch. 783, Stats. 1995).
(2) County Treasury Oversight Committees (Ch. 784, Stats. 1995 and
Ch. 156, Stats. 1996).
0954-001-0001--For support of the Scholarshare Investment Board . .
. 1,082,000
Schedule:
(1) 20-Governor's Scholarship Programs . . . 1,082,000
Provisions:
1. Funds appropriated in this item are for the purpose of
administering
the Governor's Scholars Program and the Governor's Math and
Science Scholars Program, established pursuant to Article
20 (commencing with Section 69995) of Chapter
2 of Part 42 of the Education Code.
0954-001-0564--For support of the Scholarshare Investment Board,
payable from the Scholarshare Administrative Fund . . . 970,000
Schedule:
(1) 10-Golden State Scholarshare Trust Program . . . 970,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the Scholarshare Investment
Board in excess of the amount appropriated not sooner than 30 days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser
time the chairperson of the committee, or his or her designee, may in
each instance determine.
2. Notwithstanding Provision 1 of Item 7980-011-0001 of Section 2
of Chapter 50 of the Statutes of 1999, the $829,000 General Fund loan
made to the Scholarshare Administrative Fund shall be repaid over a
period of seven years, with payments beginning no later than the
2002-03 fiscal year and ending no later than June 30, 2007. This loan
shall be repaid with interest calculated at the rate earned by the
Pooled Money Investment Account.
0956-001-0171--For support of California Debt and Investment
Advisory Commission, payable from the California Debt and
Investment Advisory Commission Fund . . . 1,862,000
Schedule:
(1) 10-California Debt and Investment Advisory Commission . . .
1,962,000
(2) Reimbursements . . . -100,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the California Debt and
Investment Advisory Commission in excess of the amount
appropriated not sooner than 30 days after notification in writing of
the necessity therefor is provided to the chairpersons of the fiscal
committees and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the chairperson of
the committee, or his or her designee, may in each instance
determine.
0959-001-0169--For support of California Debt Limit Allocation
Committee, payable from the California Debt Limit Allocation
Committee Fund . . . 1,079,000
Schedule:
(1) 10-Debt Limit Allocation Committee . . . 1,079,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the California Debt Limit
Allocation Committee in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her designee, may in each instance determine.
0959-011-0169--For transfer by the Controller, upon order of the
Director of Finance, from the California Debt Limit Allocation
Committee Fund to the General Fund . . . (3,500,000)
Provisions:
1. The transfer made by this item is a loan to the General Fund that
shall be fully repaid by October 1, 2006. This loan shall be repaid
with interest calculated at the rate earned by the Pooled Money
Investment Account at the time of the transfer. The State Controller
shall, within 15 working days of receipt of written notification from
the Department of Finance, transfer from the General Fund to the
California Debt Limit Allocation Committee Fund the full amount of
the loan or increments thereof as requested by the Department of
Finance. It is the intent of the Legislature that repayment be made
so as
to ensure that current and newly authorized programs supported by
this fund are fully and timely implemented as approved by the voting
members of the California Debt Limit Allocation Committee Fund. It
is also the intent of the Legislature that repayment be made so as to
ensure compliance with federal and state statutes or requirements.
Accordingly, the Department of Finance shall, within 30 days of
receipt of written notification documenting the need of the loan
repayment from the California Debt and Limit Allocation Committee,
provide written notification to the State Controller notifying the
State
Controller of the amount to be transferred from the General Fund to
the California Debt Limit Allocation Committee Fund.
0965-001-0215--For support of California Industrial Development
Financing Advisory Commission, payable from the Industrial
Development Fund . . . 459,000
Schedule:
(1) 10-Industrial Development Financing Advisory Commission . . .
534,000
(2) Reimbursements . . . -75,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the California Industrial
Development Financing Advisory Commission in excess of the
amount appropriated not sooner than 30 days after notification in
writing of the necessity therefor is provided to the chairpersons of
the
fiscal committees and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the chairperson of
the committee, or his or her designee, may in each instance
determine.
0968-001-0448--For support of California Tax Credit Allocation
Committee, payable from the Occupancy Compliance Monitoring
Account, Tax Credit Allocation Fee Account . . . 1,048,000
Schedule:
(1) 10-California Tax Credit Allocation Committee . . . 1,063,000
(2) Reimbursements . . . -15,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the California Tax Credit
Allocation Committee in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her designee, may in each instance determine.
0968-001-0457--For support of California Tax Credit Allocation
Committee, payable from the Tax Credit Allocation Fee Account . . .
1,404,000
Schedule:
(1) 10-California Tax Credit Allocation Committee . . . 1,419,000
(2) Reimbursements . . . -15,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the California Tax Credit
Allocation Committee in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her designee, may in each instance determine.
0968-001-3038--For support of California Tax Credit Allocation
Committee, payable from the Community Revitalization Fee Fund . . .
249,000
Schedule:
(1) 20-Community Revitalization Program . . . 249,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the California Tax Credit
Allocation Committee in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her designee, may in each instance determine.
0968-011-0448--For transfer by the Controller, upon order of the
Director of Finance, from the Occupancy Compliance Monitoring
Account, Tax Credit Allocation Fee Account to the General Fund . . .
(35,000,000)
Provisions:
1. The transfer made by this item is a loan to the General Fund that
shall be fully repaid by October 1, 2006. This loan shall be repaid
with interest calculated at the rate earned by the Pooled Money
Investment Account at the time of the transfer. The State Controller
shall, within 15 working days of receipt of written notification from
the Department of Finance, transfer from the General Fund to the
Occupancy Compliance Monitoring Account, Tax Credit Allocation
Fee Account the full amount of the loan or increments thereof as
requested by the Department of Finance. It is the intent of the
Legislature that repayment be made so as to ensure that current and
newly authorized programs supported by this account are fully and
timely implemented as approved by the voting members of the
California Tax Credit Allocation Committee. It is also the intent of
the
Legislature that repayment be made so as to ensure compliance with
federal and state statutes or requirements. Accordingly, the
Department of Finance shall, within 30 days of receipt of written
notification documenting the need of the loan repayment from the
California Tax Credit Allocation Committee, provide written
notification to the State Controller notifying the State Controller
of the
amount to be transferred from the General Fund to the Occupancy
Compliance Monitoring Account, Tax Credit Allocation Fee Account.
0968-011-0457--For transfer by the Controller, upon order of the
Director of Finance, from the Tax Credit Allocation Fee Account to
the General Fund . . . (31,000,000)
Provisions:
1. The transfer made by this item is a loan to the General Fund that
shall be fully repaid by October 1, 2006. This loan shall be repaid
with interest calculated at the rate earned by the Pooled Money
Investment Account at the time of the transfer. The State Controller
shall, within 15 working days of receipt of written notification from
the Department of Finance, transfer from the General Fund to the Tax
Credit Allocation Fee Account the full amount of the loan or
increments thereof as requested by the Department of Finance. It is
the
intent of the Legislature that repayment be made so as to ensure that
current and newly authorized programs supported by this account are
fully and timely implemented as approved by the voting members of
the California Tax Credit Allocation Committee. It is also the
intent
of the Legislature that repayment be made so as to ensure compliance
with federal and state statutes or requirements. Accordingly, the
Department of Finance shall, within 30 days of receipt of written
notification documenting the need of the loan repayment from the
California Tax Credit Allocation Committee, provide written
notification to the State Controller notifying the State Controller
of the
amount to be transferred from the General Fund to the Tax Credit
Allocation Fee Account.
0971-001-0528--For support of California Alternative Energy and
Advanced Transportation Financing Authority, payable from the
California Alternative Energy Authority Fund . . . 198,000
Schedule:
(1) 10-California Alternative Energy and Advanced Transportation
Financing Authority . . . 198,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the California Alternative
Energy and Advanced Transportation Financing Authority in excess of
the amount appropriated not sooner than 30 days after notification in
writing of the necessity therefor is provided to the chairpersons of
the
fiscal committees and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the chairperson of
the joint committee, or his or her designee, may in each instance
determine.
0985-001-6040--For support of California School Finance Authority,
payable from the Charter School Facilities Account, 2002 State
School Facilities Fund . . . 615,000
Schedule:
(1) 20-Charter School Facilities Program . . . 615,000
Provisions:
1. Of the funds appropriated in this item, $100,000 is for the
one-time
support of external contracts for consultants who are qualified to
provide technical assistance and training in the development of
financing programs for charter schools.
STATE AND CONSUMER SERVICES
1100-001-0001--For support of California Science Center . . .
11,489,000
Schedule:
(1) 10-Education . . . 10,833,000
(2) 20-Exposition Park Management . . . 3,538,000
(3) 30-California African-American Museum . . . 1,951,000
(4) 40.01-Administration . . . 1,176,000
(5) 40.02-Distributed Administration . . . -1,176,000
(6) Reimbursements-Education . . . -1,255,000
(7) Reimbursements-Exposition Park Management . . . -350,000
(8) Reimbursements-California African-American Museum . . .
-40,000
(9) Amount payable from the Exposition Park Improvement Fund
(Item 1100-001-0267) . . . -3,188,000
Provisions:
1. The California Science Center shall report to the Legislature by
January 15, 2005, on options for charging a fee for admission to the
California Science Center Museum.
1100-001-0267--For support of California Science Center, for
payment to Item 1100-001-0001, payable from the Exposition Park
Improvement Fund . . . 3,188,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
1100-003-0001--For support of the California Science Center, for
rental payments on lease-revenue bonds . . . 2,743,000
Schedule:
(1) Base Rental and Fees . . . 2,707,000
(2) Insurance . . . 40,000
(3) Reimbursements . . . -4,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
1110-001-0024--For support of State Board of Guide Dogs for the
Blind, Program 54, payable from the State Board of Guide Dogs for
the Blind Fund . . . 141,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0069--For support of the State Board of Barbering and
Cosmetology, payable from the Barbering and Cosmetology Fund . . .
12,444,000
Schedule:
(1) 22-Board of Barbering and Cosmetology . . . 12,501,000
(2) Reimbursements . . . -57,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0093--For support of Contractors' State License Board, for
payment to Item 1110-001-0735, payable from the Construction
Management Education Account . . . 15,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0108--For support of Acupuncture Board, payable from the
Acupuncture Fund . . . 2,161,000
Schedule:
(1) 56-Acupuncture Board . . . 2,184,000
(2) Reimbursements . . . -23,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0175--For support of Medical Board of California,
Registered Dispensing Opticians, for payment to Item 1110-001-0758,
payable from the Dispensing Opticians Fund . . . 244,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0205--For support of Board for Geologists and
Geophysicists, Program 51, payable from the Geology and
Geophysics Fund . . . 750,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0210--For support of Medical Board of California,
Outpatient Setting, for payment to Item 1110-001-0758, payable from
the Outpatient Setting Fund of the Medical Board of California . . .
23,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0264--For support of Osteopathic Medical Board of
California, payable from the Osteopathic Medical Board of California
Contingent Fund . . . 1,013,000
Schedule:
(1) 70-Osteopathic Medical Board of California . . . 1,063,000
(2) Reimbursements . . . -50,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
1110-001-0280--For support of Physician Assistant Committee,
payable from the Physician Assistant Fund . . . 853,000
Schedule:
(1) 59-Physician Assistant Committee . . . 878,000
(2) Reimbursements . . . -25,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0295--For support of California Board of Podiatric
Medicine, payable from the Board of Podiatric Medicine Fund . . .
1,071,000
Schedule:
(1) 61-California Board of Podiatric Medicine . . . 1,075,000
(2) Reimbursements . . . -4,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0310--For support of Board of Psychology, payable from
the Psychology Fund . . . 2,787,000
Schedule:
(1) 62-Board of Psychology . . . 2,838,000
(2) Reimbursements . . . -51,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0319--For support of Respiratory Care Board of
California, payable from the Respiratory Care Fund . . . 2,422,000
Schedule:
(1) 64-Respiratory Care Board of California . . . 2,488,000
(2) Reimbursements . . . -66,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0326--For support of State Athletic Commission . . .
717,000
Schedule:
(1) 9-State Athletic Commission . . . 910,000
(2) Amount payable from the Boxer's Pension Fund (Item
1110-002-9250) . . . -90,000
(3) Amount payable from the Boxer's Neurological Examination
Account (Item 1110-001-0492) . . . -103,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2. Notwithstanding Section 14.00 of this act, the Director of Finance
may authorize a loan of up to $320,000 from the Vehicle Inspection
and Repair Fund to the State Athletic Commission. This loan shall be
repaid by June 30, 2007.
1110-001-0376--For support of the Speech-Language Pathology and
Audiology Board, payable from the Speech-Language Pathology and
Audiology Fund . . . 519,000
Schedule:
(1) 65-Speech-Language Pathology and Audiology Board . . . 543,000
(2) Reimbursements . . . -24,000
Provisions:
1. The amount appropriated in this item may include revenues
derived from the assessment of fines and penalties imposed as
specified in Section 13332.18 of the Government Code.
1110-001-0380--For support of the Committee on Dental Auxiliaries,
Board of Dentistry, payable from the State Dental Auxiliary Fund . .
.
1,524,000
Schedule:
(1) 36.20-Committee on Dental Auxiliaries . . . 1,746,000
(2) Reimbursements . . . -222,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0399--For support of Structural Pest Control Board, for
payment to Item 1110-001-0775, payable from the Structural Pest
Control Education and Enforcement Fund . . . 277,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0492--For support of State Athletic Commission, for
payment to Item 1110-001-0326, payable from the Boxer's
Neurological Examination Account . . . 103,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0704--For support of California Board of Accountancy,
payable from the Accountancy Fund, Professions and Vocations Fund .
. . 8,879,000
Schedule:
(1) 3-California Board of Accountancy . . . 9,083,000
(2) Reimbursements . . . -204,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0706--For support of California Architects Board, payable
from the California Architects Board Fund . . . 2,731,000
Schedule:
(1) 06.10.010-California Architects Board . . . 2,762,000
(2) 06.10.020-Distributed Cost-Architects/Landscape Architects . . .
-26,000
(3) Reimbursements . . . -5,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0735--For support of Contractors' State License Board,
payable from the Contractors' License Fund . . . 46,755,000
Schedule:
(1) 30-Contractors' State License Board . . . 47,123,000
(2) Reimbursements . . . -353,000
(3) Amount payable from the Construction Management Education
Account (Item 1110-001-0093) . . . -15,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0741--For support of Dental Board of California, Board of
Dentistry, payable from the State Dentistry Fund . . . 7,012,000
Schedule:
(1) 36.10-Dental Board of California . . . 7,182,000
(2) Reimbursements . . . -170,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0757--For support of California Architects Board,
Landscape Architect Technical Committee, Program 06.20, payable
from California Architects Board Fund-Landscape Architects Fund . .
. 881,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0758--For support of Medical Board of California, payable
from the Contingent Fund of the Medical Board of California . . .
39,203,000
Schedule:
(1) 55.10.010-Medical Board of California . . . 40,300,000
(2) 55.15-Registered Dispensing Opticians . . . 244,000
(3) 55.17-Outpatient Setting . . . 23,000
(4) 55.10.020-Distributed Medical Board of California . . . -713,000
(5) Reimbursements . . . -384,000
(6) Amount payable from the Dispensing Opticians Fund (Item
1110-001-0175) . . . -244,000
(7) Amount payable from the Outpatient Setting Fund of the Medical
Board of California (Item 1110-001-0210) . . . -23,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0759--For support of Physical Therapy Board of
California, payable from the Physical Therapy Fund . . . 2,244,000
Schedule:
(1) 58-Physical Therapy Board of California . . . 2,343,000
(2) Reimbursements . . . -99,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0761--For support of Board of Registered Nursing, payable
from the Board of Registered Nursing Fund, Professions and
Vocations Fund . . . 17,103,000
Schedule:
(1) 78-Board of Registered Nursing . . . 18,117,000
(2) Reimbursements . . . -1,014,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0763--For support of State Board of Optometry, payable
from the State Optometry Fund, Professions and Vocations Fund . . .
1,310,000
Schedule:
(1) 69-State Board of Optometry . . . 1,316,000
(2) Reimbursements . . . -6,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0767--For support of California State Board of Pharmacy,
payable from the Pharmacy Board Contingent Fund, Professions and
Vocations Fund . . . 7,360,000
Schedule:
(1) 72-California State Board of Pharmacy . . . 7,611,000
(2) Reimbursements . . . -251,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0770--For support of Board for Professional Engineers and
Land Surveyors, payable from the Professional Engineers' and Land
Surveyors' Fund . . . 7,339,000
Schedule:
(1) 75-Board for Professional Engineers and Land Surveyors . . .
7,355,000
(2) Reimbursements . . . -16,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0771--For support of Court Reporters Board of California,
payable from the Court Reporters Fund . . . 627,000
Schedule:
(1) 81-Court Reporters Board of California . . . 645,000
(2) Reimbursements . . . -18,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0773--For support of Board of Behavioral Science,
payable from the Behavioral Science Examiners Fund, Professions
and Vocations Fund . . . 4,582,000
Schedule:
(1) 18-Board of Behavioral Science . . . 4,758,000
(2) Reimbursements . . . -176,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0775--For support of Structural Pest Control Board,
payable from the Structural Pest Control Fund, Professions and
Vocations Fund . . . 3,351,000
Schedule:
(1) 84-Structural Pest Control Board . . . 3,630,000
(2) Reimbursements . . . -2,000
(3) Amount payable from the Structural Pest Control Education and
Enforcement Fund (Item 1110-001-0399) . . . -277,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0777--For support of Veterinary Medical Board, payable
from the Veterinary Medical Board Contingent Fund . . . 1,570,000
Schedule:
(1) 90-Veterinary Medical Board . . . 1,596,000
(2) Reimbursements . . . -26,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0779--For support of Board of Vocational Nurse and
Psychiatric Technician Examiners, payable from the Vocational Nurse
Examiners Fund . . . 5,024,000
Schedule:
(1) 91.10.010-Vocational Nurses Program . . . 5,413,000
(2) 91.10.020-Distributed Vocational Nurses . . . -37,000
(3) Reimbursements . . . -352,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0780--For support of Board of Vocational Nurse and
Psychiatric Technician Examiners, payable from the Psychiatric
Technicians Account, Vocational Nurse and Psychiatric Technician
Examiners Fund . . . 1,119,000
Schedule:
(1) 91.20-Psychiatric Technician Program . . . 1,141,000
(2) Reimbursements . . . -22,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-3017--For support of California Board of Occupational
Therapy, payable from the Occupational Therapy Fund . . . 675,000
Schedule:
(1) 67-California Board of Occupational Therapy . . . 697,000
(2) Reimbursements . . . -22,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-002-9250--For support of State Athletic Commission, for
payment to Item 1110-001-0326, payable from the Boxer's Pension
Fund . . . 90,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-101-0093--For local assistance, Contractors' State License
Board, Department of Consumer Affairs, payable from the
Construction Management Education Account . . . 239,000
1111-002-0166--For support of the Arbitration Certification Program,
Department of Consumer Affairs, payable from the Consumer
Affairs-Certification Account . . . 870,000
Schedule:
(1) 23-Arbitration Certification Program . . . 870,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0208--For support of the Hearing Aid Dispensers Bureau,
Department of Consumer Affairs, payable from the Hearing Aid
Dispensers Fund . . . 638,000
Schedule:
(1) 24-Hearing Aid Dispensers Bureau . . . 647,000
(2) Reimbursements . . . -9,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0239--For support of the Bureau of Security and
Investigative Services, Department of Consumer Affairs, payable
from the Private Security Services Fund . . . 6,781,000
Schedule:
(1) 25.10.010-Bureau of Security and Investigative Services, Private
Security Services Program . . . 9,235,000
(2) 25.10.020-Distributed Private Security Services . . . -104,000
(3) Reimbursements . . . -2,350,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0305--For support of the Bureau for Private Postsecondary
and Vocational Education, Department of Consumer Affairs, payable
from the Private Postsecondary Education Administration Fund . . .
5,632,000
Schedule:
(1) 27.10.010-Bureau for Private Postsecondary and Vocational
Education . . . 5,822,000
(2) 27.10.020-Distributed Private Postsecondary and Vocational
Education . . . -110,000
(3) Reimbursements . . . -80,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0325--For support of the Bureau of Electronic and
Appliance Repair, Department of Consumer Affairs, payable from the
Electronic and Appliance Repair Fund . . . 1,913,000
Schedule:
(1) 28-Bureau of Electronic and Appliance Repair . . . 1,926,000
(2) Reimbursements . . . -13,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0421--For support of the Bureau of Automotive Repair,
Department of Consumer Affairs, payable from the Vehicle Inspection
and Repair Fund . . . 93,996,000
Schedule:
(1) 31.10.016-Automotive Repair and Smog Check Programs . . .
76,151,000
(2) 31.10.026-Consumer Relations and Outreach . . . 5,931,000
(3) 31.10.036-Communications and Education . . . 584,000
(4) 31.10.046-Administrative and Information Services . . .
11,519,000
(5) 31.10.090-Distributed Automotive Repair and Smog Check
Programs . . . -71,000
(6) Reimbursements . . . -118,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2. Notwithstanding Section 26.00 of this act, the Department of
Finance may authorize transfers among and between Schedules (1),
(2), (3), and (4) of this item not to exceed 35 percent of the
schedule
from which funds are transferred. Transfers made by this provision
may be authorized not sooner than 30 days after notification in
writing
of the necessity therefor is provided to the chairperson of the
committee in each house of the Legislature that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee.
1111-002-0459--For support of the Telephone Medical Advice
Services Program, Department of Consumer Affairs, payable from the
Telephone Medical Advice Services Fund . . . 128,000
Schedule:
(1) 37-Telephone Medical Advice Services Program . . . 128,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0582--For support of the Bureau of Automotive Repair,
Department of Consumer Affairs, payable from the High Polluter
Repair or Removal Account . . . 20,833,000
Schedule:
(1) 31.20.016-Vehicle Repair Assistance . . . 12,000,000
(2) 31.20.030-Vehicle Retirement . . . 4,525,000
(3) 31.20.040-Program Administration . . . 4,308,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2. Notwithstanding Section 26.00 of this act, the Department of
Finance may authorize transfers among and between Schedules (1)
and (2) of this item. Transfers made by this provision may be
authorized not sooner than 30 days after notification in writing of
the
necessity therefor is provided to the chairperson of the committee in
each house of the Legislature that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee.
1111-002-0702--For support of Department of Consumer Affairs,
payable from the Consumer Affairs Fund, Professions and Vocations
Fund . . . 0
Schedule:
(1) 35.10.010-Administrative and Information Services Division . . .
36,153,000
(2) 35.10.015-Communications and Education Division . . . 1,323,000
(3) 35.10.020-Consumer Relations and Outreach Division . . .
9,332,000
(4) 35.10.025-Division of Investigation . . . 6,839,000
(5) 35.20.010-Distributed Administrative and Information Services
Division . . . -35,578,000
(6) 35.20.015-Distributed Communications and Education Division . .
. -1,267,000
(7) 35.20.020-Distributed Consumer Relations and Outreach Division
. . . -9,332,000
(8) 35.20.025-Distributed Division of Investigation . . . -6,583,000
(9) Reimbursements . . . -887,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0717--For support of the Cemetery and Funeral Bureau,
Department of Consumer Affairs, payable from the Cemetery Fund,
Professions and Vocations Fund . . . 1,980,000
Schedule:
(1) 38.10.005-Cemetery Program . . . 2,214,000
(2) 38.10.010-Distributed Cemetery Program . . . -115,000
(3) Reimbursements . . . -119,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0750--For support of the Cemetery and Funeral Bureau,
Department of Consumer Affairs, payable from the State Funeral
Directors and Embalmers Fund, Professions and Vocations Fund . . .
1,505,000
Schedule:
(1) 38.20-Funeral Directors and Embalmers Program . . . 1,517,000
(2) Reimbursements . . . -12,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0752--For support of the Bureau of Home Furnishings and
Thermal Insulation, Department of Consumer Affairs, payable from
the Bureau of Home Furnishings and Thermal Insulation Fund . . .
3,641,000
Schedule:
(1) 34-Bureau of Home Furnishings and Thermal Insulation . . .
3,646,000
(2) Reimbursements . . . -5,000
Provisions:
1. The amount appropriated in this item may include revenues
derived from the assessment of fines and penalties imposed as
specified in Section 13332.18 of the Government Code.
1111-002-0769--For support of the Bureau of Security and
Investigative Services, Department of Consumer Affairs, payable
from the Private Investigator Fund . . . 606,000
Schedule:
(1) 25.20-Private Investigators Program . . . 716,000
(2) Reimbursements . . . -110,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0890--For support of the Bureau for Private Postsecondary
and Vocational Education, Department of Consumer Affairs, payable
from the Federal Trust Fund . . . 1,145,000
Schedule:
(1) 27.20-Federal Trust Program . . . 1,145,000
Provisions:
1. Notwithstanding any other provision of law, the Federal Trust Fund
Account of the Bureau for Private Postsecondary and Vocational
Education may borrow from the Private Postsecondary and Vocational
Education Administration Fund an amount not to exceed a cumulative
total of $500,000 for the purpose of meeting cashflow needs for the
purposes funded in this item due to delays in collecting federal
funds.
Any loan made pursuant to this provision shall be made only upon
approval of the Department of Finance, and only if the bureau
demonstrates and certifies that a sufficient surplus exists in the
Private
Postsecondary and Vocational Education Administration Fund to
support the amount of the loan, and that funds will be available from
the federal government to repay the loan. All moneys transferred
shall
be repaid to the fund as soon as possible, but not later than one
year
from the date of the loan.
1111-002-0960--For support of the Bureau for Private Postsecondary
and Vocational Education, Department of Consumer Affairs, payable
from the Student Tuition Recovery Fund . . . 110,000
Schedule:
(1) 27.30-Student Tuition Recovery Program . . . 110,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-3069--For support of the Bureau of Naturopathic Medicine,
Department of Consumer Affairs, payable from the Naturopathic
Doctor's Fund . . . 90,000
Schedule:
(1) 39-Bureau of Naturopathic Medicine . . . 93,000
(2) Reimbursements . . . -3,000
1111-003-0001--For support of the Office of Privacy Protection,
Department of Consumer Affairs . . . 450,000
Schedule:
(1) 40-Office of Privacy Protection . . . 485,000
(2) Reimbursements . . . -35,000
1700-001-0001--For support of Department of Fair Employment and
Housing . . . 13,275,000
Schedule:
(1) 50-Administration of Civil Rights Law . . . 18,471,000
(2) Amount payable from the Federal Trust Fund (Item
1700-001-0890) . . . -5,196,000
1700-001-0890--For support of Department of Fair Employment and
Housing, for payment to Item 1700-001-0001, payable from the
Federal Trust Fund . . . 5,196,000
1705-001-0001--For support of the Fair Employment and Housing
Commission . . . 1,091,000
Schedule:
(1) 10-Fair Employment and Housing Commission . . . 1,242,000
(2) Reimbursements . . . -151,000
1730-001-0001--For support of Franchise Tax Board . . .
466,051,000
Schedule:
(1) 10-Tax Programs . . . 403,512,000
(2) 20-Homeowners and Renters Assistance . . . 5,497,000
(3) 30-Political Reform Audit (1,422,000) . . . 0
(4) 40-Child Support Collections . . . 15,905,000
(5) 45-Child Support Automation . . . 153,281,000
(6) 50-DMV Collections . . . 5,401,000
(7) 60-Court Collections . . . 5,601,000
(8) 70-Contract Work . . . 7,257,000
(9) 80.01-Administration . . . 23,051,000
(10) 80.02-Distributed Administration . . . -23,051,000
(11) Reimbursements . . . -8,257,000
(12) Reimbursements-Child Support Existing/Expanded Collections .
. . -10,699,000
(13) Reimbursements-Child Support Automation . . . -99,959,000
(14) Amount payable from the State Highway Account, State
Transportation Fund (Item 1730-001-0042) . . . -1,000
(15) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 1730-001-0044) . . . -1,869,000
(16) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Item 1730-001-0064) . . . -3,531,000
(17) Amount payable from the Emergency Food Assistance Program
Fund (Item 1730-001-0122) . . . -6,000
(18) Amount payable from the Delinquent Tax Collection Fund
(Section 19378 of the Revenue and Taxation Code) . . . -404,000
(19) Amount payable from the Fish and Game Preservation Fund
(Rare Fish, Wildlife, and Plant Species Conservation and
Enhancement Account) (Item 1730-001-0200) . . . -13,000
(20) Amount payable from the Court Collection Account (Item
1730-001-0242) . . . -5,601,000
(21) Amount payable from the State Children's Trust Fund (Item
1730-001-0803) . . . -11,000
(22) Amount payable from the California Alzheimer's Disease and
Related Disorders Research Fund (Item 1730-001-0823) . . . -11,000
(23) Amount payable from the California Seniors Special Fund (Item
1730-001-0886) . . . -4,000
(24) Amount payable from the California Breast Cancer Research
Fund (Item 1730-001-0945) . . . -7,000
(25) Amount payable from the California Peace Officer Memorial
Foundation Fund (Item 1730-0010974) . . . -5,000
(26) Amount payable from the Firefighters' Memorial Fund (Item
1730-001-0979) . . . -7,000
(27) Amount payable from the California Fund for Senior Citizens
(Item 1730-001-0983) . . . -7,000
(29) Amount payable from the Asthma and Lung Disease Research
Fund (Item 1730-001-8003) . . . -5,000
(30) Amount payable from the California Missions Foundation Fund
(Item 1730-001-8017) . . . -6,000
Provisions:
1. It is the intent of the Legislature that all funds appropriated to
the
Franchise Tax Board for processing tax returns, auditing and
collecting owed tax amounts, shall be used in a manner consistent
with its authorized budget and the documents that were presented to
the Legislature for its review in support of that budget. The
Franchise
Tax Board shall not reduce expenditures or redirect either funding or
personnel resources away from direct auditing or collection
activities
without prior approval of the Director of Finance. The director shall
not approve any such reduction or redirection sooner than 30 days
after providing notification to the Joint Legislative Budget
Committee.
No such position may be transferred from the organizational unit to
which it was assigned in the 2004-05 Governor's Budget and the
Salaries and Wages Supplement as revised by legislative actions
without the approval of the Department of Finance. Furthermore, the
board shall expeditiously fill budgeted positions consistent with the
funding provided in this act.
2. It is the intent of the Legislature that the Franchise Tax Board
resolve tax controversies, without litigation, on a basis that is
fair to
both the state and the taxpayer and in a manner that will enhance
voluntary compliance and public confidence in the integrity and
efficiency of the board.
3. During the 2004-05 fiscal year, the collection cost recovery fee
for
purposes of subparagraph (A) of paragraph (1) of subdivision (a) of
Section 19254 of the Revenue and Taxation Code shall be $101, and
the filing enforcement cost recovery fee for purposes of subparagraph
(A) of paragraph (2) of that subdivision shall be $90.
4. During the 2004-05 fiscal year, the collection cost recovery fee
for
purposes of subparagraph (B) of paragraph (1) of subdivision (a) of
Section 19254 of the Revenue and Taxation Code shall be $150, and
the filing enforcement cost recovery fee for purposes of subparagraph
(B) of paragraph (2) of that subdivision shall be $129.
5. Of the amounts appropriated in this item, the amounts provided in
Schedule (5) and Schedule (13), Reimbursements--Child Support
Automation, are, pursuant to Section 5 of Chapter 479 of the Statutes
of 1999, available for the 2004-05 and 2005-06 fiscal years.
6. It is the intent of the Legislature that the California Child
Support
Automation System project shall receive the highest commitment and
priority of all of the state's child support automation activities.
7. The Legislature intends that the California Child Support
Automation System project shall support all child support collections
activities in compliance with federal certification requirements.
8. Notwithstanding any other provision of law, upon request of the
Franchise Tax Board, the Department of Finance may augment the
amount available for expenditure in this item to pay for start-up
costs
for the State Disbursement Unit component of the California Child
Support Automation System project. The augmentation may be made
no sooner than 30 days after notification in writing of the necessity
therefor to the chairperson of the committee in each house of the
Legislature that considers appropriations and the Chairperson of the
Joint Legislative Budget Committe, or not sooner than whatever lesser
time the chairperson of the joint committee, or his or her designee,
may in each instance determine. The amount of funds augmented
pursuant to the authority of this provision shall be consistent with
the
amount approved by the Department of Finance based on its review
and approval of the required Feasibility Study Report, Special
Project
Reports, or equivalent documents.
1730-001-0042--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the State Highway Account, State
Transportation Fund . . . 1,000
1730-001-0044--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Motor Vehicle Account, State
Transportation Fund . . . 1,869,000
1730-001-0064--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Motor Vehicle License Fee
Account, Transportation Tax Fund . . . 3,531,000
1730-001-0122--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Emergency Food Assistance
Program Fund . . . 6,000
1730-001-0200--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Fish and Game Preservation
Fund (Rare Fish, Wildlife, and Plant Species Conservation and
Enhancement Account) . . . 13,000
1730-001-0242--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Court Collection Account . . .
5,601,000
1730-001-0803--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the State Children's Trust Fund . .
.
11,000
1730-001-0823--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Alzheimer's
Disease and Related Disorders Research Fund . . . 11,000
1730-001-0886--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Seniors Special
Fund . . . 4,000
1730-001-0945--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Breast Cancer
Research Fund . . . 7,000
1730-001-0974--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Peace Officer
Memorial Foundation Fund . . . 5,000
1730-001-0979--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Firefighters' Memorial Fund . .
. 7,000
1730-001-0983--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Fund for Senior
Citizens . . . 7,000
1730-001-8003--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Asthma and Lung Disease
Research Fund . . . 5,000
1730-001-8017--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Missions
Foundation Fund . . . 6,000
1730-002-0001--For support of Franchise Tax Board, for rental
payments on lease-revenue bonds . . . 7,363,000
Schedule:
(1) Central Office--Buildings 1 and 2 . . . 7,278,000
(2) Insurance . . . 130,000
(3) Reimbursements . . . -45,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
1730-295-0001--For local assistance, Franchise Tax Board, for
reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.023.874-Substandard Housing (Ch. 238, Stats. 1974) . . . 0
Provisions:
1. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Substandard Housing (Ch. 238, Stats. 1974).
1760-001-0001--For support of Department of General Services, for
payment to Item 1760-001-0666 . . . 7,000,000
1760-001-0002--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Property
Acquisition Law Money Account . . . 2,824,000
1760-001-0003--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Motor Vehicle
Parking Facilities Moneys Account . . . 3,991,000
1760-001-0022--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the State Emergency
Telephone Number Account . . . 4,939,000
1760-001-0026--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the State Motor
Vehicle Insurance Account . . . 3,996,000
Provisions:
1. Notwithstanding any other provision of law, Section 16379 of the
Government Code shall govern the payment of claims for the purposes
of this item.
1760-001-0450--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Seismic Gas Valve
Certification Fee Account . . . 75,000
1760-001-0465--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Energy Resources
Programs Account . . . 1,367,000
1760-001-0602--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Architecture
Revolving Fund . . . 35,772,000
1760-001-0666--For support of Department of General Services,
payable from the Service Revolving Fund . . . 488,229,000
Schedule:
(1) Program support . . . 702,144,000
(2) Distributed services . . . -12,994,000
(3) Reimbursements--Lease revenue . . . -1,440,000
(4) Amount payable from the General Fund (Item 1760-001-0001) . . .
-7,000,000
(5) Amount payable from the Property Acquisition Law Money
Account (Item 1760-001-0002) . . . -2,824,000
(6) Amount payable from the Motor Vehicle Parking Facilities Money
Account (Item 1760-001-0003) . . . -3,991,000
(7) Amount payable from the State Emergency Telephone Number
Account (Item 1760-001-0022) . . . -4,939,000
(8) Amount payable from the State Motor Vehicle Insurance Account
(Item 1760-001-0026) . . . -3,996,000
(9) Amount payable from the Seismic Gas Valve Certification Fee
Account (Item 1760-001-0450) . . . -75,000
(10) Amount payable from the Energy Resources Programs Account
(Item 1760-001-0465) . . . -1,367,000
(11) Amount payable from the Architecture Revolving Fund (Item
1760-001-0602) . . . -35,772,000
(12) Amount payable from the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990 (Item 1760-001-0768) . . . -609,000
(13) Amount payable from the State School Deferred Maintenance
Fund (Item 1760-001-0961) . . . -143,000
(14) Amount payable from the 2002 State School Facilities Fund
(Item 1760-001-6036) . . . -11,612,000
(15) Amount payable from the Motor Vehicle Parking Facilities
Money Account (Item 1760-002-0003) . . . -1,101,000
(16) Amount payable from the Service Revolving Fund (Item
1760-002-0666) . . . -111,552,000
(17) Amount payable from the Service Revolving Fund (Item
1760-003-0666) . . . -14,500,000
Provisions:
1. Notwithstanding any other provision of law, revenues from the sale
of legislative bills and publi cations received by the Bill Room
shall
be deposited in the Service Revolving Fund.
2. Notwithstanding any other provision of law, if the Director of the
Department of General Services determines in writing that there is
insufficient cash in a special fund under his or her authority to
make
one or more payments currently due and payable, he or she may order
the transfer of moneys to that special fund in the amount necessary
to
make payment or payments, as a loan from the Service Revolving
Fund. That loan shall be subject to all of the following conditions:
(a) No loan shall be made that would interfere with the carrying out
of
the object for which the Service Revolving Fund was created.
(b) The loan shall be repaid as soon as there is sufficient Moneys in
the recipient fund to repay the amount loaned, but no later than 18
months after the date of the loan. The amount loaned shall not exceed
the amount that the fund or program is authorized at the time of the
loan to expend during the 2004-05 fiscal year from the recipient fund
except as otherwise provided in Provisions 4, 5, and 6 of this item.
(c) The terms and conditions of the loan are approved, prior to the
transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.
3. The Director of General Services may augment this item or any of
Items 1760-001-0002, 1760-001-0003, 1760-001-0026, and
1760-001-0602, by up to an aggregate of 10 percent in cases where
(a) the Legislature has approved funds for a customer for the
purchase
of services or equipment through the Department of General Services
(DGS) and the corresponding expenditure authority has not been
provided in this item or (b) a local government entity or the federal
government has requested services from the DGS. Any augmentation
that is deemed to be necessary on a permanent basis shall be
submitted for review as part of the normal budget development
process. If the Director of the Department of General Services
augments this item or Item 1760-001-0002, 1760-001-0003,
1760-001-0026, or 1760-001-0602, the DGS shall notify the
Department of Finance within 30 days after that augmentation is made
as to the amount, justification, and the program augmented. Any
augmentation made in accordance with this provision shall not result
in an increase in any rate charged to other departments for services
or
the purchase of goods without the prior written consent of the
Department of Finance.
4. If this item or Item 1760-001-0002, 1760-001-0003,
1760-001-0026, or 1760-001-0602, is augmented pursuant to
Provision 3 by the maximum allowed under that provision, the
Director of Finance may further augment the item or items in cases
where (a) the Legislature has approved funds for a customer for the
purchase of services or equipment through the DGS and the
corresponding expenditure authority has not been provided in these
items, or (b) a local government entity or the federal government has
requested services from the DGS. Any augmentation that is deemed to
be necessary on a permanent basis shall be submitted for review as
part of the normal budget development process.
5. The Director of General Services may augment this item and Items
1760-001-0026 and 1760-001-0003 to increase authorized
expenditures by the Office of State Publishing, the Office of Risk
and
Insurance Management, the Office of Fleet Administration, the Office
of Energy Management, and the Office of Public Safety Radio
Services. The augmentation shall be for the specific purpose of
enabling the Office of State Publishing, the Office of Risk and
Insurance Management, the Office of Fleet Administration, the Office
of Energy Management, and the Office of Public Safety Radio
Services to provide competitive services to their customers
(including
local government entities or the federal government) and may be made
only if the office has sufficient operating reserves available to
fund
the augmentation. If the Director of General Services proposes to
augment either of the items in this provision, the director shall
notify
the Department of Finance, the chairpersons of the fiscal committees
of each house, and the Chairperson of the Joint Legislative Budget
Committee 30 days prior to making the augmentation, including the
amount, justification, and the office augmented. Any augmentation
that
is deemed to be necessary on a permanent basis shall be submitted for
review as part of the normal budget development process.
6. Any augmentation made pursuant to Provisions 3 and 4 of this item
shall be reported in writing to the chairpersons of the fiscal
committees of each house and the Chairperson of the Joint Legislative
Budget Committee within 30 days of the date the augmentation is
approved. This notification shall identify the amount of, and
justification for, the augmentation, and the program that has been
augmented. Copies of the notification shall be provided to the
Department of Finance.
7. Notwithstanding any other provision of law, the Director of
General Services or his or her designee, in lieu of the Director of
Finance, is authorized to carry out the provisions of Section 26.00
of
this act as it pertains to category transfers.
8. Notwithstanding any other provision of law, the Director of
General Services or his or her designee, in lieu of the Director of
Finance, is authorized to approve Budget Revision, Standard Form 26
subject to a copy being provided to the Department of Finance.
9. On or before July 1, 2004, the Department of General Services
shall submit to the Department of Finance and the Legislative
Analyst's office, a report detailing the cost factors reflected in
the
2004-05 rates. This report shall include (a) a statement of the
department's expenditures and revenues, by function, and an
assessment of whether the rates charged for a given function recover
the costs of providing the service, and (b) information detailing the
incremental changes to rates between fiscal years, including the
reason for, and aggregate amount of, the changes. The Department of
Finance shall use this report to review the current methodologies
used
to set rates and shall provide a report of its findings as part of
the
2005-06 Governor's Budget.
1760-001-0768--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Earthquake Safety
and Public Buildings Rehabilitation Fund of 1990 . . . 609,000
1760-001-0961--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the State School
Deferred Maintenance Fund . . . 143,000
1760-001-6036--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the 2002 State School
Facilities Fund . . . 11,612,000
1760-002-0003--For support of Department of General Services, for
rental payments on lease-revenue bonds, for payment to Item
1760-001-0666, payable from the Motor Vehicle Parking Facilities
Moneys Account . . . 1,101,000
Provisions:
1. The funds appropriated in this item are for the following:
(a) Base Rental and Fees . . . 1,092,000
(b) Insurance . . . 9,000
2. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be
provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
1760-002-0666--For support of Department of General Services, for
rental payments on lease-revenue bonds, for payment to Item
1760-001-0666, payable from the Service Revolving Fund . . .
111,552,000
Provisions:
1. The funds appropriated in this item are for the following:
(a) Base rental and fees . . . 112,061,000
(1) Capitol Area Development Authority, Sacramento . . . 688,000
(2) State Office Building, Riverside . . . 2,221,000
(3) Department of Justice Building, Sacramento . . . 4,926,000
(4) San Francisco Civic Center Building . . . 25,652,000
(5) Ronald Reagan Building, Los Angeles . . . 17,721,000
(6) Elihu M. Harris Building, Oakland . . . 11,518,000
(7) LA Junipero Serra II . . . 4,796,000
(8) State Office Building, San Diego (Suburban) . . . 2,884,000
(9) Capitol East End Garage . . . 979,000
(10) Stephen P. Teale Data Center . . . 3,498,000
(11) Capitol Area East End Complex . . . 32,757,000
(12) Butterfield Warehouse Plant . . . 2,476,000
(13) State Office Building
10 . . . 945,000
(14) Food and Ag . . . 1,000,000
(b) Insurance . . . 931,000
(c) Reimbursements . . . -1,440,000
2. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
1760-003-0666--For support of Department of General Services, for
rental payments on California Environmental Protection Agency
Building, for payment to Item 1760-001-0666, payable from the
Service Revolving Fund . . . 14,500,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
1760-101-0022--For local assistance, Department of General
Services, for reimbursement of local agencies and service suppliers
or communications equipment companies for costs incurred pursuant
to Sections 41137, 41137.1, 41138, and 41140 of the Revenue and
Taxation Code, payable from the State Emergency Telephone Number
Account . . . 147,925,000
1760-301-0768--For capital outlay, Department of General Services,
payable from the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990 . . . 4,653,000
Schedule:
(1) 50.99.029-Program Management . . . 766,000
(2) 50.99.408-California Correctional Institution, Tehachapi,
Dormitory F5, F6, F7, F8: Structural Retrofit--Preliminary plans,
working drawings and construction . . . 3,072,000
(3) 50.99.500-Project Studies . . . 815,000
Provisions:
1. Pursuant to funds appropriated in Schedule (1) and notwithstanding
any other provision of law, the Director of the Department of General
Services or his or her designee may contract for program management
services provided by a licensed architect, registered engineer, or
licensed general contractor where a firm is selected to assist DGS in
project management activities, planning, designing, estimating,
reviewing, and completing, a multiproject construction program.
2. If, during the validation portion of project studies in Schedule
(3),
the risk level of any of these projects is reduced, or where a
project
study savings has been realized, the funding for that particular
project
study shall be available for expenditure for any of the other Project
studies in this appropriation. If this change in funding occurs, the
Department of General Services shall report to the Department of
Finance detailing the project or projects reduced in seismic risk
level,
or the redirection of project study savings within this
appropriation.
1760-401--Notwithstanding Provision 1 of Item 1760-011-0006,
Budget Act of 2002 (Ch. 379, Stats. 2002), $5,000,000 of the
$10,000,000 loan authorized in that item shall be repaid to the
Disability Access Account no later than October 1, 2005. This loan
shall be repaid with interest calculated at the rate earned by the
Pooled Money Investment Account at the time of transfer. It is the
intent of the Legislature that repayment be made so as to ensure that
the programs supported by this fund are not adversely affected by the
loan through reduction in service or increased fees.
1760-402--Notwithstanding Provision 1 of Item 1760-011-0328 of the
Budget Act of 2002 (Ch. 379, Stats. 2002), the $35,000,000 loan
authorized in that item shall be fully repaid to the Public School
Planning, Design, and Construction Review Revolving Fund no later
than October 1, 2005. This loan shall be repaid with interest
calculated at the rate earned by the Pooled Money Investment Account
at the time of transfer. It is the intent of the Legislature that
repayment
be made so as to ensure that the programs support by this fund are
not
adversely affected by the loan through reduction in service or
increased fees.
1760-490--Reappropriation, Department of General Services. The
balance of the appropriation provided in the following citation is
reappropriated for the pur poses and subject to the limitations,
unless
otherwise specified, provided for in the appropriations:
0660--Public Buildings Construction Fund
(1) Item 1760-301-0660, Budget Act of 2003, (Ch. 157, Stats. 2003)
(2) 50.20.515-Marysville Office Building:
Replacement--Construction
0768--Earthquake Safety and Public Buildings Rehabilitation Fund of
1990
(1) Item 1760-301-0768, Budget Act of 2002, (Ch. 379, Stats. 2002)
(4) 50.99.092-California Department of Corrections, California
Correctional Institute, Tehachapi, Dorm E1, E2, E3, E4: Structural
Retrofit--Construction.
Provisions:
1. The project identified in Schedule (2) of this item is authorized
to
utilize the design-build delivery method identified in clause (i) of
subparagraph (A) of paragraph (3) of subdivision (d) of Section
14661 of the Government Code.
1760-492--Reappropriation, Department of General Services. The
balance, as of June 30, 2004, of the funds made available pursuant to
Item 1760-101-0768, Budget Act of 1994 (Ch. 139, Stats. 1994) and
Item 1760-101-0768, Budget Act of 1998 (Ch. 324, Stats. 1998), as
reappropriated by Item 1760-492, Budget Act of 2003 (Ch. 157, Stats.
2003), is reappropriated and shall be available for expenditure until
June 30, 2005.
Schedule:
(1) 3116-Richmond, Contra Costa--City Hall . . . 1,149,975
(2) 3117-Richmond, Contra Costa--Hall of Justice . . . 683,613
(2.5) 4029-Alameda, Oakland--Police Administration Retrofit . . .
500,000
(3) 4042-Orinda, Contra Costa: Orinda Fire Station 44 . . . 57,671
Provisions:
1. The source of revenue for this item is the same as that identified
in
the Budget Act of 2003 (Ch. 157, Stats. 2003), but corrects an
erroneous reference contained in that item.
1880-001-0001--For support of State Personnel Board . . . 3,888,000
Schedule:
(1) 10-Merit System Administration . . . 14,352,000
(2) 40-Local Government Services . . . 2,759,000
(3) 50.01-Administrative Services . . . 2,798,000
(4) 50.02-Distributed Administrative Services . . . -1,862,000
(5) Reimbursements . . . -14,159,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize a loan from the General Fund, in an amount not
to exceed 35 percent of reimbursements appropriated in this item to
the State Personnel Board, provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt
of reimbursements for services provided.
(b) The loan is for a short term and shall be repaid by September 30,
2005.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section 16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval is made in writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of the
committee in each house that considers appropriations not later than
30 days prior to the effective date of the approval, or not sooner
than
whatever lesser time that the chairperson of the joint committee or
his
or her designee may determine.
1880-295-0001--For local assistance, State Personnel Board, for
reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 1,000
Schedule:
(1) 98.01.067.590-Peace Officers Procedural Bill of Rights (Ch. 675,
Stats. 1990) . . . 1,000
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
1900-001-0950--For support of Board of Administration of the Public
Employees' Retirement System, payable from the Public Employees'
Contingency Reserve Fund . . . 17,599,000
Provisions:
1. The appropriation made in this item is for support of the board of
administration pursuant to Section 22840 of the Government Code.
1900-003-0830--For support of Board of Administration of the Public
Employees' Retirement System, payable from the Public Employees'
Retirement Fund . . . (347,752,000)
Provisions:
1. The amount displayed in this item is based on the estimate by the
Public Employees' Retirement System of expenditures for external
investment advisers and other investment related expenses to be made
during the 2004-05 fiscal year pursuant to Sections 20172, 20208, and
20210 of the Government Code. The Board of Administration of the
Public Employees' Retirement System shall report to the fiscal
committees of the Legislature and the Joint Legislative Budget
Committee on or before January 10, 2005, regarding any revision of
this estimate, including an accounting and explanation of changes,
and
the amount of, and basis for, investment adviser expenditures
proposed for the 2005-06 fiscal year. The Board of Administration of
the Public Employees' Retirement System shall report on or before
January 10, 2006, on the final expenditures under this item,
including
an accounting and explanation of changes from estimates previously
reported to the Legislature.
2. Each of the two reports described in Provision 1 also shall
include
all of the following:
(a) A summary and comparison of the externally managed portfolios,
the internally managed portfolios, and the total fund. This
information
shall include the value of the assets, the gross and net returns, the
benchmark returns, and the costs, by dollars and basis points, for
these
portfolios.
(b) A description of the actions the Public Employees' Retirement
System will take to ensure that any future expenditures for outside
advisers will result in a greater return on in vestments, including
costs
for these advisers, than if in-house advisers were used.
(c) Separate listings of adviser contracts in effect, and approved,
during the 2003-04 and 2004-05 fiscal years, with (1) amounts (total
contract and annual basis) for each contract for base fees and
performance-based fees, and (2) summary statements of the purposes
of each contract.
1900-015-0815--For support of Board of Administration of the Public
Employees' Retirement System, payable from the Judges' Retirement
Fund . . . (747,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System (PERS),
in accordance with all applicable provisions of the California
Constitution, shall submit to the Controller, the Department of
Finance, the Joint Legislative Bud get Committee, and the fiscal
committees of the Legislature, all of the following:
(a) No later than January 10, 2005, a copy of the proposed budget for
PERS for the 2005-06 fiscal year as included with the Governor's
Budget.
(b) No later than May 15, 2005, a copy of the proposed budget for
PERS for the 2005-06 fiscal
year as approved by the board of administration.
(c) The revisions to the proposed budget for PERS for the 2004-05
fiscal year, as recommended by the PERS Finance Committee, at
least 30 days prior to the consideration of
those revisions by the board of administration.
(d) Commencing October 1, 2004, all expenditure and performance
workload data provided to the board of administration, as updated on
a quarterly basis. This quarterly update information is to be
submitted
to the Joint Legislative Budget Committee and the fiscal committees
of
the Legislature, and shall be in sufficient detail to be useful for
legislative oversight purposes and to sustain a thorough ongoing
review of Public Employees' Retirement System expenditures.
1900-015-0820--For support of Board of Administration of the Public
Employees' Retirement System, payable from the Legislators'
Retirement Fund . . . (321,000)
Provisions:
1. Notwithstanding any other provisions of law, the Board of
Administration of the Public Employees' Retirement System, in
accordance with all applicable provisions of the California
Constitution, shall submit to the Controller, the Department of
Finance, the Joint Legislative Budget Committee, and the fiscal
committees of the Legislature all of the following:
(a) A copy of the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year by January 10, 2005, as
included with the Governor's Budget.
(b) A copy of the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year as approved by the
board of administration by May 15, 2005.
(c) The revisions to the proposed budget for the Public Employees'
Retirement System for the 2004-05 fiscal year as recommended by the
Public Employees' Retirement System Finance Committee at least 30
days prior to consideration of those revisions by the board of
administration.
(d) Commencing October 1, 2004, all expenditure and performance
workload data provided to the board of administration, updated on a
quarterly basis, shall be submitted to the Joint Legislative Budget
Committee and the fiscal committees of the Legislature. The quarterly
update information submitted to the Legislature shall be in
sufficient
detail to be useful for legislative oversight purposes and to sustain
a
thorough ongoing review of the expenditures of the Public Employees'
Retirement System.
1900-015-0830--For support of Board of Administration of the Public
Employees' Retirement System, payable from the Public Employees'
Retirement Fund . . . (235,577,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System, in
accordance with all applicable provisions of the California
Constitution, shall submit to the Controller, the Department of
Finance, the Joint Legislative Budget Committee, and the fiscal
committees of the Legislature, all of the following:
(a) A copy of the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year by January 10, 2005, as
included with the Governor's Budget.
(b) A copy of the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year as approved by the
board of administration by May 15, 2005.
(c) The revisions to the proposed budget for the Public Employees'
Retirement System for the 2004-05 fiscal year as recommended by the
Public Employees' Retirement System Finance Committee at least 30
days prior to consideration of those revisions by the board of
administration.
2. Commencing October 1, 2004, all expenditure and performance
workload data provided to the board of administration, updated on a
quarterly basis, shall be submitted to the Joint Legislative Budget
Committee and the fiscal committees of the Legislature. The quarterly
update information submitted to the Legislature shall be in
sufficient
detail to be useful for legislative oversight purposes and to sustain
a
thorough ongoing review of the expenditures of the Public Employees'
Retirement System.
3. Commencing July 1, 2004, reports on information technology
projects that are submitted to the board of administration shall be
submitted to the Joint Legislative Budget Committee, the fiscal
committees of the Legislature, and the Department of Finance on an
informational basis. The quarterly update information submitted to
the
Department of Finance shall be in sufficient detail to be useful for
Department of Finance informational project status reporting
purposes.
1900-015-0884--For support of Board of Administration of the Public
Employees' Retirement System, payable from the Judges' Retirement
System II Fund . . . (480,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System (PERS),
in accordance with all applicable provisions of the California
Constitution, shall submit to the Controller, the Department of
Finance, the Joint Legislative Budget Committee, and the fiscal
committees of the Legislature, all of the following:
(a) No later than January 10, 2005, a copy of the proposed budget for
PERS for the 2005-06 fiscal year as included with the Governor's
Budget.
(b) No later than May 15, 2005, a copy of the proposed budget for
PERS for the 2005-06 fiscal year as approved by the board of
administration.
(c) The revisions to the proposed budget for PERS for the 2004-05
fiscal year, as recommended by the PERS Finance Committee, at least
30 days prior to the consideration of those revisions by the board of
administration.
(d) Commencing October 1, 2004, all expenditure and performance
workload data provided to the board of administration, as updated on
a quarterly basis. This quarterly update information is to be
submitted
to the Joint Legislative Budget Committee and the fiscal committees
of
the Legislature, and shall be in sufficient detail to be useful for
legislative oversight purposes and to sustain a thorough ongoing
review of Public Employees' Retirement System expenditures.
1900-015-0962--For support of Board of Administration of the Public
Employees' Retirement System, payable from the Volunteer
Firefighter Length of Service Award Fund . . . (121,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System, in
accordance with all applicable provisions of the California
Constitution, shall submit to the Controller, the Department of
Finance, the Joint Legislative Budget Committee, and the fiscal
committees of the Legislature, all of the following:
(a) A copy of the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year by January 10, 2005, as
included with the Governor's Budget.
(b) A copy of the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year as approved by the
board of administration by May 15, 2005.
(c) The revisions to the proposed budget for the Public Employees'
Retirement System for the 2004-05 fiscal year recommended by the
Public Employees' Retirement System Finance Committee, at least 30
days prior to consideration of those revisions by the board of
administration.
(d) Commencing October 1, 2004, all expenditure and performance
workload data provided to the board of administration, updated on a
quarterly basis, shall be submitted to the Joint Legislative Budget
Committee and the fiscal committees of the Legislature. The quarterly
update information submitted to the Legislature shall be in
sufficient
detail to be useful for legislative oversight purposes and to sustain
a
thorough ongoing review of the expenditures of the Public Employees'
Retirement System.
1900-017-0950--For support of Public Employees' Retirement System
payable from the Public Employees' Contingency Reserve Fund . . .
223,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
1920-001-0835--For support of State Teachers' Retirement System,
payable from the State Teachers' Retirement Fund . . . 107,222,000
Schedule:
(1) 10-Services to Members and Employers . . . 107,624,000
(2) Reimbursements . . . -339,000
(3) Amount payable from the Supplemental Benefit Maintenance
Account in the Teachers' Retirement Fund pursuant to Section 22954
of the Education Code . . . -63,000
Provisions:
1. This item shall not be subject to the requirements of subdivision
(b), (c), (d), or (e) of Section 31.00 of this act. Nothing in this
provision shall be construed as exempting this item from requirements
of the State Civil Service Act or from requirements of laws, rules,
and
regulations administered by the Department of Personnel
Administration.
2. Commencing July 1, 2004, reports on information technology
projects that are submitted to the Teachers' Retirement Board shall
be
submitted to the Joint Legislative Budget Committee, the fiscal
committees of the Legislature, and the Department of Finance on an
informational basis. The information submitted to the Department of
Finance shall be in sufficient detail to be useful for Department of
Finance informational project status reporting purposes.
1920-002-0835--For support of State Teachers' Retirement System
(external investment advisers), payable from the State Teachers'
Retirement Fund . . . (106,000,000)
Provisions:
1. The amount displayed in this item is for informational purposes
only, and is based on the current estimate by the State Teachers'
Retirement System (STRS) of expenditures for external investment
advisers to be made during the 2004-05 fiscal year pursuant to
Section 22353 of the Education Code. The STRS shall report to the
fiscal committees of the Legislature and the Joint Legislative Budget
Committee no later than January 10, 2005, regarding any revision of
this estimate, including an accounting and explanation of the
changes,
and regarding the amount of, and basis for, investment adviser
expenditures proposed for the 2005-06 fiscal year. The STRS shall
report on or before January 10, 2006, on the final expenditures under
this item, including an accounting and explanation of changes from
estimates previously reported to the Legislature.
2. Each of the two reports described in Provision 1 also shall
include
all of the following:
(a) A summary and comparison of the externally managed portfolios,
the internally managed portfolios, and the total fund. This
information
shall include the value of the assets, the gross and net returns, the
benchmark returns, and the costs by dollars and basis points for
these
portfolios.
(b) A description of the actions the State Teachers' Retirement
System
will take to ensure that any future expenditures for outside advisers
will result in a greater return on investments, including costs for
these
advisers, than if in-house advisers were used.
(c) Separate listings of adviser contracts in effect, and approved,
during the 2003-04 and 2004-05 fiscal years, with (1) amounts (total
contract and annual basis) for each contract for base fees and
performance-based fees, (2) summary statements of the purposes of
each contract.
1920-011-0001--For transfer by the Controller to the State Teachers'
Retirement Fund . . . (1,150,842,000)
Schedule:
(1) Supplemental Benefit Maintenance Account (SBMA) . . .
(584,925,000)
(2) Benefits Funding . . . (565,917,000)
Provisions:
1. The estimated amount referenced in Schedule (1) is the state's
contribution required by Section 22954 of the Education Code.
2. The estimated amount referenced in Schedule (2) is the state's
contribution required by subdivision (a) of Section 22955 of the
Education Code.
1920-490--Reappropriation, State Teachers' Retirement System
(STRS). Notwithstanding any other provision of law, up to
$2,892,000 of the balance as of June 30, 2004, of the appropriation
identified in the following citation is reappropriated, subject to
the
limitations set forth in Provision 1, and shall be available for
encumbrance and expenditure until June 30, 2005. Any amount of this
reappropriation that is not expended in 2004-05 shall be carried over
to 2005-06 and is hereby reappropriated. In no event shall the total
amounts reappropriated for the 2005-06 Budget exceed three percent
of STRS' 2004-05 appropriation.
0835--State Teachers' Retirement Fund
(1) Item 1920-001-0835, Budget Act of 2003
(Ch. 157, Stats. 2003)
Provisions:
1. The funds reappropriated in this item shall be available for
expenditure by the State Teachers' Retirement System for the purposes
of meeting unanticipated system costs and promoting better service to
the system's membership. The funds may not be encumbered without
advance approval of the State Teachers' Retirement Board. The board
shall report to the Legislature on a quarterly basis throughout the
2004-05 fiscal year on expenditures made pursuant to this item.
BUSINESS, TRANSPORTATION AND
HOUSING
2100-001-3036--For support of Department of Alcoholic Beverage
Control, payable from the Alcohol Beverage Control Fund . .
.
40,875,000
Schedule:
(1) 10.10-Licensing . . . 22,663,000
(2) 10.20-Compliance . . . 19,236,000
(3) 10.30.010-Administration . . . 3,720,000
(4) 10.30.020-Distributed Administration . . . -3,720,000
(5) Reimbursements . . . -1,024,000
2100-011-0081--For transfer by the Controller, from the Alcohol
Beverage Control Fund to the Alcohol Beverage Control Fund . . .
(1,510,000)
2100-101-3036--For local assistance, Department of Alcoholic
Beverage Control, Program 10.20-Compliance, for grants to local law
enforcement agencies payable from the Alcohol Beverage Control
Fund . . . 1,500,000
Provisions:
1. Notwithstanding any other provisions of law, the Department of
Alcoholic Beverage Control is authorized to grant funds to local law
enforcement agencies for the purpose of enhancing enforcement of
alcoholic beverage control laws in the local jurisdiction.
2. Notwithstanding any other provisions of law, at the discretion of
the Director of Alcoholic Beverage Control, the department may
advance grant funds to local law enforcement agencies.
3. Notwithstanding any other provisions of law, at the discretion of
the Director of Alcoholic Beverage Control, title to any authorized
equipment purchased by the local law enforcement agency pursuant to
the grant may be vested in the local law enforcement agency at the
conclusion of the grant period.
2120-001-0117--For support of Alcoholic Beverage Control Appeals
Board, Program 10, payable from the Alcoholic Beverage Control
Appeals Fund . . . 895,000
2150-001-0240--For support of Department of Financial Institutions,
for payment to Item 2150-001-0298, payable from the Local Agency
Deposit Security Fund . . . 349,000
2150-001-0298--For support of Department of Financial Institutions,
payable from the Financial Institutions Fund . . . 18,064,000
Schedule:
(1) 10-Licensing and Supervision of Banks and Trust Companies . . .
16,292,000
(2) 20-Special Licensees . . . 866,000
(3) 40-Administration of Local Agency Security . . . 349,000
(4) 50-Supervision of California Business and Industrial
Development Corporations . . . 29,000
(5) 60-Credit Unions . . . 3,642,000
(6) 70-Savings and Loan . . . 136,000
(7) 80-Industrial Banks . . . 1,041,000
(8) 90.01-Administration . . . 4,701,000
(9) 90.02-Distributed Administration . . . -4,701,000
(10) Reimbursements . . . -300,000
(11) Amount payable from the Local Agency Deposit Security Fund
(Item 2150-001-0240) . . . -349,000
(12) Amount payable from the Credit Union Fund (Item
2150-0010299) . . . -3,642,000
Provisions:
1. The Department of Financial Institutions shall report to the
budget
committees of each house of the Legislature and to the Legislative
Analyst by January 10, 2006, on the level of noncompliance found
with the California Financial Privacy Act (Division 1.2 (commencing
with Section 4050) of the Financial Code), any changes to state or
federal law, or court decisions, that affect the workload of the
Department of Financial Institutions as it relates to the California
Financial Information Privacy Act, and any staffing changes requested
based on the level of compliance or changes in the
law.
2150-001-0299--For support of Department of Financial Institutions,
for payment to Item 2150-001-0298, payable from the Credit Union
Fund . . . 3,642,000
2180-001-0067--For support of Department of Corporations, payable
from the State Corporations Fund . . . 27,965,000
Schedule:
(1) 10-Investment Program . . . 16,670,000
(2) 20-Lender-Fiduciary Program . . . 11,295,000
(3) 50.01-Administration . . . 5,616,000
(4) 50.02-Distributed Administration . . . -5,616,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2. The Department of Corporations shall report to the committee of
each house of the Legislature that considers the Budget Bill and the
Legislative Analyst's Office by January 10, 2006, (a) the level of
noncompliance with the California Financial Privacy Act (Division
1.2 (commencing with Section 4050) of the Financial Code), (b) any
changes to state or federal law, including court decisions, that
affect
workload under that act, and (c) any staffing changes requested based
on (a) or
(b).
2180-011-0067--For transfer by the Controller from the State
Corporations Fund to the General Fund . . . (1,500,000)
Provisions:
1. Notwithstanding any other provision of law, the amount of this
item
shall be transferred from the State Corporations Fund to the General
Fund.
2240-001-0001--For support of Department of Housing and
Community Development . . . 4,806,000
Schedule:
(1) 10-Codes and Standards Program . . . 23,375,000
(2) 20-Community Affairs Program . . . 14,635,000
(3) 30.01-Housing Policy Development Program . . . 2,115,000
(4) 30.02-Distributed Housing Policy Development Program . . .
-122,000
(6) 50.01-Administration . . . 9,900,000
(7) 50.02-Distributed Administration . . . -9,756,000
(8) Reimbursements . . . -1,152,000
(9) Amount payable from the Mobilehome Park Revolving Fund (Item
2240-001-0245) . . . -4,513,000
(10) Amount payable from the Mobilehome Park Purchase Fund (Item
2240-001-0530) . . . -604,000
(11) Amount payable from the Mobilehome-Manufactured Home
Revolving Fund (Item 2240-001-0648) . . . -16,866,000
(12) Amount payable from the Self-Help Housing Fund (Item
2240-001-0813) . . . -154,000
(13) Amount payable from the Federal Trust Fund (Item
2240-0010890) . . . -7,586,000
(14) Amount payable from the Housing Rehabilitation Loan Fund
(Item 2240-001-0929) . . . -2,088,000
(15) Amount payable from the Rental Housing Construction Fund
(Item 2240-001-0938) . . . -728,000
(16) Amount payable from the Predevelopment Loan Fund (Item
2240-001-0980) . . . -350,000
(17) Amount payable from the Emergency Housing and Assistance
Fund (Item 2240-001-0985) . . . -527,000
(18) Amount payable from the Jobs-Housing Balance Improvement
Account (2240-001-3006) . . . -467,000
(19) Amount payable from the Building Equity and Growth in
Neighborhoods Fund (Item 2240-0016038) . . . -306,000
Provisions:
1. Of the amount appropriated in this item, $158,000 shall be used to
continue oversight by the Department of Housing and Community
Development of redevelopment agencies and to provide technical
assistance, in accordance with the department's Housing Preservation
Plan.
2240-001-0245--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Mobilehome Park Revolving Fund . . . 4,513,000
2240-001-0530--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Mobilehome Park Purchase Fund . . . 604,000
2240-001-0648--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Mobilehome-Manufactured Home Revolving Fund . .
. 16,866,000
Provisions:
1. Notwithstanding Section 18077 of the Health and Safety Code, or
any other provision of law, the first $2,388,000 in revenues
collected
by the Department of Housing and Community Development from
manufactured home license fees shall be deposited in the
Mobilehome-Manufactured Home Revolving Fund, and shall be
available to the department for the support, collection,
administration,
and enforcement of manufactured home license fees.
2. Notwithstanding Section 18077.5 of the Health and Safety Code, or
any other provision of law, the Department of Housing and
Community Development is not required to comply with the reporting
requirement of Section 18077.5 of the Health and Safety Code.
2240-001-0813--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Self-Help Housing Fund . . . 154,000
2240-001-0890--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Federal Trust Fund . . . 7,586,000
2240-001-0929--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Housing Rehabilitation Loan Fund . . . 2,088,000
2240-001-0938--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Rental Housing Construction Fund . . . 728,000
2240-001-0980--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Predevelopment Loan Fund . . . 350,000
2240-001-0985--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Emergency Housing and Assistance Fund . . .
527,000
2240-001-3006--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Jobs-Housing Balance Improvement Account . . .
467,000
2240-001-6038--For support of Department of Housing and
Community Development, for payment to Item 2240-001-0001,
payable from the Building Equity and Growth In Neighborhoods Fund
. . . 306,000
2240-101-0001--For local assistance, Department of Housing and
Community Development . . . 5,291,000
Schedule:
(1) 20-Community Affairs Program . . . 145,141,000
(2) Amount payable from the Federal Trust Fund (Item
2240-1010890) . . . -139,850,000
2240-101-0890--For local assistance, Department of Housing and
Community Development, for payment to Item 2240-101-0001,
payable from the Federal Trust Fund . . . 139,850,000
Provisions:
1. Notwithstanding any other provision of law, federal funds
appropriated by this act but not encumbered by June 30 may be
expended in the subsequent fiscal year.
2240-101-3006--For local assistance, Department of Housing and
Community Development, payable from the Jobs-Housing Balance
Improvement Account . . . 25,000,000
2240-101-6038--For local assistance, Department of Housing and
Community Development, Program 20-Community Affairs Program,
payable from the Building Equity and Growth In Neighborhoods Fund
. . . 24,000,000
2240-105-0001--For transfer, upon order of the Director of Finance,
to the Emergency Housing and Assistance Fund . . . 5,300,000
Provisions:
1. The amount transferred by this item shall be distributed pursuant
to
Chapter 11.5 (commencing with Section 50800) of Part 2 of Division
31 of the Health and Safety Code for operating facilities and capital
development grants.
2. Grants shall not be used to supplant existing emergency shelter or
transitional housing funding. Notwithstanding any regulatory
provision
to the contrary, operating facilities grants shall not exceed
$100,000
nor be less than $30,000. For counties with an allocation of greater
than $30,000, one grant of less than $30,000 may be awarded if
necessary to fully utilize the county's allocation. For counties with
an
allocation of up to or equal to $30,000, up to two grants of less
than
$30,000 may be awarded.
2240-115-0101--For transfer, upon order of the Director of Finance,
from the School Assistance Fee Assistance Fund to the General Fund .
. . (7,322,000)
Provisions:
1. Upon notification from the Director of Finance, the Controller
shall
transfer any remaining nonbond funds that are unencumbered as of
June 30, 2004.
2240-115-0472--For transfer, upon order of the Director of Finance,
from the Child Care and Development Facilities Direct Loan Fund to
the General Fund . . . (629,000)
2240-115-0474--For transfer, upon order of the Director of Finance,
from the Child Care and Development Facilities Loan Guaranty Fund
to the General Fund . . . (65,000)
2240-295-0001--For local assistance, Department of Housing and
Community Development, for reimbursement, in accordance with the
provisions of Section 6 of Article XIII B of the California
Constitution or Section 17561 of the Government Code, of the costs of
any new program or increased level of service of an existing program
mandated by statute or executive order, for disbursement by the State
Controller . . . 1,000
Schedule:
(1) 98.01.114.380-Regional Housing Needs Assessments (Ch. 1143,
Stats. 1980) . . . 1,000
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs
in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
2240-490--Reappropriation, Central Valley Infrastructure Grant
Program. Notwithstanding any other provision of law, $400,000 in
funds previously appropriated pursuant to Item 2240-101-0001 of
Section 2.00 of the Budget Act of 2001 (Ch. 106, Stats. 2001) for the
Central Valley Infrastructure Grant Program and encumbered through
contract with the City of Orange Cove, is available for encumbrance
or expenditure until June 30, 2005.
2310-001-0400--For support of Office of Real Estate Appraisers
payable from the Real Estate Appraisers Regulation Fund . . .
3,338,000
Schedule:
(1)10-Administration of Real Estate Appraisers Program . . .
3,418,000
(2)Reimbursements . . . -80,000
2320-001-0317--For support of Department of Real Estate, payable
from the Real Estate Fund . . . 31,689,000
Schedule:
(1) 10-Licensing and Education . . . 6,517,000
(2) 20-Enforcement and Recovery . . . 20,000,000
(3) 30-Subdivisions . . . 5,472,000
(4) 40.10-Administration . . . 5,246,000
(5) 40.20-Distributed Administration . . . -5,246,000
(6) Reimbursements . . . -300,000
Provisions:
1. Of the amount appropriated in this item, $500,000 shall be used
only for the purposes of the Real Estate Recovery Account.
2400-001-0933--For support of Department of Managed Health Care,
payable from the Managed Care Fund . . . 33,122,000
Schedule:
(1) 30-Health Plan Program . . . 33,122,000
(2) 50.01-Administration . . . 8,698,000
(3) 50.02-Distributed Administration . . . -8,698,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2400-002-0933--For support of Department of Managed Health Care,
for the Office of Patient Advocate, payable from the Managed Care
Fund . . . 2,179,000
2600-001-0042--For support of California Transportation
Commission, for payment to Item 2600-001-0046, payable from the
State Highway Account, State Transportation Fund . . . 651,000
2600-001-0046--For support of California Transportation
Commission, payable from the Public Transportation Account, State
Transportation Fund . . . 1,000,000
Schedule:
(1) 10-Administration of California Transportation Commission . . .
1,651,000
(2) Amount payable from the State Highway Account, State
Transportation Fund (Item 2600-0010042) . . . -651,000
2600-402--Before allocating projects in the 2004-05 fiscal year that
would result in the issuance of notes pursuant to Section 14553 of
the
Government Code exceeding $800,000,000, the California
Transportation Commission shall consult with the Business,
Transportation and Housing Agency, the Department of
Transportation, and the Department of Finance pursuant to Section
14553.8 of the Government Code to consider and determine the
appropriateness of the mechanism authorized by Section 14553 of the
Government Code in comparison to other funding mechanisms, and to
determine and report to the Governor and the Legislature the effect
of
issuance of the notes on future federal funding commitments.
Allocations exceeding $800,000,000 shall not be made prior to
providing 60 days' notice to the chairpersons of the transportation
committees of each house and the Chairperson of the Joint Legislative
Budget Committee.
2640-101-0046--For local assistance, Special Transportation
Programs, for allocation by the Controller pursuant to Section 99312
of the Public Utilities Code, payable from the Public Transportation
Account, State Transportation Fund . . . 117,365,000
Provisions:
1. Notwithstanding Sections 99313 and 99314 of the Public Utilities
Code, not more than $67,387 of the amount appropriated by this item
shall reimburse the Controller for expenditures for administration of
State Transportation Assistance funds.
2. Notwithstanding Sections 99313 and 99314 of the Public Utilities
Code, $12,106 of the amount appropriated by this item shall
reimburse the General Fund for statewide general administrative
expenditures, known as pro rata, pursuant to Sections 11270 to 11275,
inclusive, and Section 22828.5 of the Government Code.
2660-001-0041--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Aeronautics
Account, State Transportation Fund . . . 2,925,000
2660-001-0042--For support of Department of Transportation,
payable from the State Highway Account, State Transportation Fund .
. . 1,939,584,000
Schedule:
(1) 10-Aeronautics . . . 3,196,000
(2) 20.10-Highway Transportation-- Capital Outlay Support . . .
1,090,199,000
(3) 20.30-Highway Transportation-- Local Assistance . . . 28,965,000
(4) 20.40-Highway Transportation-- Program Development . . .
72,801,000
(5) 20.65-Highway Transportation-- Legal . . . 61,024,000
(6) 20.70-Highway Transportation-- Operations . . . 152,144,000
(7) 20.80-Highway Transportation-- Maintenance . . . 787,351,000
(8) 30-Mass Transportation . . . 109,582,000
(9) 40-Transportation Planning . . . 87,569,000
(10) 50.00-Administration . . . 279,988,000
(11) Reimbursements . . . -122,199,000
(12) Amount payable from the Aeronautics Account, State
Transportation Fund (Item 2660-001-0041) . . . -2,925,000
(13) Amount payable from the Bicycle Transportation Account, State
Transportation Fund (Item 2660-001-0045) . . . -39,000
(14) Amount payable from the Public Transportation Account, State
Transportation Fund (Item 2660-001-0046) . . . -127,734,000
(15) Amount payable from the Historic Property Maintenance Fund
(Item 2660-001-0365) . . . -1,507,000
(16) Amount payable from the Federal Trust Fund (Item
2660-0010890) . . . -471,794,000
(17) Amount payable from the Transportation Financing Subaccount
(Item 2660-001-6801) . . . -7,037,000
Provisions:
1. For purposes of the funds appropriated in Schedules (2) to (7),
inclusive, Program 20--Highway Transportation, upon approval of the
Department of Finance, the Department of Transportation shall notify
the chairpersons of the fiscal committees and the Chairperson of the
Joint Legislative Budget Committee at least 20 days prior to spending
funds to expand activities above budgeted levels or to implement a
new activity not identified in this act, including any of those
expenditures to be funded through a transfer of moneys from other
expenditure categories or programs, except in the case of emergency
work increases caused by fire, snow, storm, or earth movement
damage.
2. From funds appropriated in this item, the Department of
Transportation may enter into interagency agreements with the
Department of the California Highway Patrol to compensate that
department for the cost of work performed by patrol officers at or
near state highway construction projects so as to reduce the risk of
occurrence of serious motor vehicle accidents.
3. (a) Notwithstanding any other provision of law, funds appropriated
in this item from the State Highway Account may be reduced and
replaced by an equivalent amount of federal funds determined by the
department to be available and necessary to comply with Section 8.50
of this act and the most effective management of state transportation
resources. Not more than 30 days after replacing the state funds with
federal funds, the Director of Finance shall notify in writing the
chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee of this action.
(b) To the extent that moneys in the State Highway Account are
reduced pursuant to this provision, the Department of Transportation
may transfer, with the approval of the Business, Transportation and
Housing Agency, and upon authorization by the Director of Finance,
all or part of the savings to Item 2660-101-0042, 2660-301-0042, or
2660-302-0042 for local assistance or capital outlay projects
approved by the California Transportation Commission. The Director
of Finance shall authorize the transfer not sooner than 30 days after
notification in writing to the chairperson of the committee in each
house that considers appropriations and the Chairperson of the Joint
Legislative Budget Committee.
4. Notwithstanding any other provision of law, funding appropriated
in this item may be transferred to Item 2660-005-0042 to pay for any
necessary insurance, debt service, and other financing related
expenditures for department-owned office buildings. Any transfer will
require the prior approval of the Department of Finance.
5. Notwithstanding any other provision of law, funds appropriated in
Schedules (1) to (10), inclusive, in this item may be transferred to
Item 2660-002-0608 for increases in equipment services costs,
provided that the increase does not increase the overall
appropriation
authority for the Department of Transportation and no funding
appropri-ated in Schedules (1) to (10), inclusive, is augmented. Any
transfer will require the prior approval of the Department of
Finance.
6. The funds appropriated in Schedule (2) for external consultant and
professional services related to project delivery (also known as 232
contracts) that are unencumbered or encumbered but unexpended
related to work that will not be performed during the fiscal year
shall
revert to the fund from which they were appropriated.
7. Notwithstanding any other provision of law, funds appropriated in
this item may be supplemented with federal funding appropriation
authority and with prior fiscal year State Highway Account
appropriation balances at a level determined by the department as
required to process claims utilizing federal advance construction
through the Plan of Financial Adjustment process pursuant to Sections
11251 and 16365 of the Government Code.
2660-001-0045--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Bicycle
Transportation Account, State Transportation Fund . . . 39,000
Provisions:
1. Of the amount appropriated in this item, $30,000 shall reimburse
the General Fund for statewide general administrative expenditures,
known as pro rata, pursuant to Sections 11270 to 11275, inclusive,
and Section 22828.5 of the Government Code.
2660-001-0046--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Public
Transportation Account, State Transportation Fund . . . 127,734,000
Provisions:
1. For Program 30--Mass Transportation. $73,138,000 appropriated
in this item is available for intercity rail.
2. Notwithstanding any other provision of law, funds appropriated in
this item from the Public Transportation Account may be reduced and
replaced by an equivalent amount of federal funds determined by the
department to be available and necessary to comply with Section 8.50
of this act and the most effective management of state
transpor-tation
resources. Not more than 30 days after replacing the state funds with
federal funds, the Director of Finance shall notify in writing the
chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee of this action.
2660-001-0365--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Historic Property
Maintenance Fund . . . 1,507,000
2660-001-0650--For support of Department of Transportation,
payable from the Toll Bridge Seismic Retrofit Account, State
Transportation Fund . . . 100,420,000
Schedule:
(1) 20.10-Highway Transportation . . . 100,300,000
(2) 50-Administration . . . 120,000
Provisions:
1. For the 2004-05 fiscal year, the Director of Finance may increase
expenditure authority in this item from funds identified in the Toll
Bridge Seismic Retrofit Account pursuant to Chapter 907 of the
Statutes of 2001, after notifying the Chairperson of the Joint
Legislative Budget Committee and the chairperson of the committee in
each house that considers appropriations no later than 30 days prior
to
the effective date of the approval, or not sooner than whatever
lesser
time the Chairperson of the Joint Legislative Budget Committee or his
or her designee may in each instance determine.
2660-001-0890--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Federal Trust Fund
. . . 471,794,000
Provisions:
1. For Program 20--Highway Transportation. For purposes of Section
163 of the Streets and Highways Code, all expenditures from this item
shall be deemed to be expenditures from the State Highway Account,
State Transportation Fund.
2. For Program 20--Highway Transportation. Federal funds may be
received from any federal source, and shall be deposited in the
Federal Trust Fund. Any federal reimbursements shall be credited to
the account from which the expenditures were originally made.
3. Notwithstanding any other provision of law, the Director of
Finance may augment this item with additional federal funds in
conjunction with an equivalent offsetting reduction in State Highway
Account funds in Item 2660-001-0042, pursuant to Provision 3 of
that
item or Public Transportation Account funds in Item 2660-001-0046,
pursuant to Provision 2 of that item.
2660-001-6801--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Transportation
Financing Subaccount, State Highway Account, State Transportation
Fund . . . 7,037,000
2660-002-0608--For support of Department of Transportation,
payable from the Equipment Service Fund . . . 66,308,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated in
this item may be increased in accordance with Provision 5 of Item
2660-001-0042.
2660-002-0890--For support of Department of Transportation, for
debt service requirements and other financing related costs for
federal
Grant Anticipation Revenue Vehicles (GARVEE) issued in fiscal year
2003-04, payable from the Federal Trust Fund . . . 783,683,000
Provisions:
1. Notwithstanding any other provision of law, the funds appropriated
in this item shall be available for encumbrance and expenditure until
liquidated.
2. Notwithstanding Section 28.00, upon approval of the Department of
Finance, this item may be augmented if additional funds are necessary
to meet debt service and other requirements related to the fiscal
year
2003-04 GARVEE issuance.
3. The appropriation in this item reflects, in part,
the pledge made by the California Transportation Commission in
accordance with Section 14553.7 of the Government Code in
connection with the GARVEE bonds issued in fiscal year 2003-04.
4. Funds appropriated in this item are in lieu of the amounts that
have
been appropriated pursuant to Section 14554.8 of the Government
Code.
2660-002-3007--For support of Department of Transportation,
payable from the Traffic Congestion Relief Fund . . . 48,101,000
Schedule:
(1) 20.10-Highway Transportation Capital Outlay Support . . .
46,770,000
(2) 30-Mass Transportation . . . 249,000
(3) 50-Administration . . . 1,082,000
Provisions:
1. Notwithstanding any other provision of law, if the California
Transportation Commission allocates funds to Traffic Congestion
Relief Program projects in the 2004-05 fiscal year, the Director of
Finance may increase expenditure authority in this item for
additional
capital outlay staffing directly related to new Traffic Congestion
Relief Program allocations after notifying the Chairperson of the
Joint
Legislative Budget Committee and the chairperson of the committee in
each house that considers appropriations no later than 30 days prior
to
the effective date of the approval.
2660-005-0042--For support of Department of Transportation, for
building insurance, debt service, and other financing related costs
for
department-owned office buildings, payable from the State Highway
Account, State Transportation Fund . . . 14,776,000
Provisions:
1. Notwithstanding any other provision of law, funds provided in Item
2660-001-0042 may be transferred to this item to pay for any
necessary insurance, debt service, and other financing related costs
for department-owned office buildings. Any transfer shall require the
prior approval of the Department of Finance.
2. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
2660-007-0042--For support of Department of Transportation,
payable from the State Highway Account, State Transportation Fund .
. . 80,745,000
Schedule:
(1) 20.10-Highway Transportation--Capital Outlay Support . . .
52,906,000
(2) 20.65-Highway Transportation--Legal . . . 662,000
(3) 20.70-Highway Transportation--Operations . . . 936,000
(4) 20.80-Highway Transportation-- Maintenance . . . 26,223,000
(5) 50-Administration . . . 18,000
Provisions:
1. The funds appropriated in this item may be expended only to attain
compliance with (1) the stormwater discharge provisions of the
National Pollutant Discharge Elimination System permits as
promulgated by the State Water Resources Control Board or regional
water quality control boards, (2) the Statewide Storm Water
Management Plan, or (3) as required by court order.
2. The funds appropriated in this item may be transferred between
schedules. Any transfer will require the prior approval of the
Department of Finance.
2660-011-0001--For transfer by the Controller, upon order of the
Director of Finance, from the General Fund to the Traffic Congestion
Relief Fund . . . (43,000,000)
Provisions:
1. This transfer shall constitute partial repayment of loans made
from
the Traffic Congestion Relief Fund to the General Fund authorized by
subdivision (c) of Section 14556.8 of the Government Code.
2. It is the intent of the Legislature that an additional repayment
of
$140,000,000 of loans made from the Traffic Congestion Relief Fund
to the General Fund authorized by subdivision (c) of Section 14556.8
of the Government Code shall be made under the authorization of
legislation to be enacted in the 2003-04 Regular Session.
3. Of the $183,000,000 in transfers to the Traffic Congestion Relief
Fund specified in this item, $163,000,000 shall be retained in the
Traffic Congestion Relief Fund for project expenditures and
$20,000,000 shall be transferred to the State Highway Account for
loan repayment as authorized by subsection (b) of Section 14556.8 of
the Government Code.
2660-011-0041--For transfer by the Controller from the Aeronautics
Account, State Transportation Fund, to the Public Transportation
Account, State Transportation Fund, as prescribed by Section 21682.5
of the Public Utilities Code . . . (30,000)
2660-012-0042--For augmentation for emergencies relating to a state
of emergency declared by the Governor, payable from the State
Highway Account . . . (40,000,000)
Provisions:
1. Required notification to the Legislature of appropriations
pursuant
to this item shall include, in addition to all other required
information,
(a) an estimate of federal funds or other funds that the department
may
receive for the same purposes as the proposed appropriation, and (b)
explanation of the necessity of the proposed appropriation given
anticipated federal funds or other funds.
2. Funds appropriated in this item may be used for support, local
assistance, or capital outlay expenditures.
2660-014-0042--For transfer by the Controller, upon the order of the
Director of Finance, from the State Highway Account, State
Transportation Fund, to the General Fund . . . (107,634,000)
Provisions:
1. The funds transferred by this item are moneys from revenues that
are not restricted by Article XIX of the California Constitution.
2. The Director of Finance shall not transfer any funds in this item
that
would result in a loss of federal funds or require the state to
provide a
refund to the federal government.
3. The transfer of funds in this item shall constitute a
reimbursement to
the General Fund for debt service payments related to the general
obligation bonds issued pursuant to the Clean Air and Transportation
Improvement Bond Act of 1990 (Ch. 6 (commencing with Sec.
99690), Pt. 11.5, Div. 10, P.U.C.), the Passenger Rail and Clean Air
Bond Act of 1990 (Ch. 17 (commencing with Sec. 2701), Div. 3, S.&
H.C.), and the Seismic Retrofit Bond Act of 1996 (Ch. 12.48
(commencing with Sec. 8879), Div. 1, Title 2, Gov. C.).
2660-014-0046--For transfer by the Controller, upon the order of the
Director of Finance, from the Public Transportation Account, State
Transportation Fund, to the State Highway Account, State
Transportation Fund . . . (60,395,000)
Provisions:
1. The funds transferred by this item are moneys that are not
restricted
by Article XIX of the California Constitution and were transferred to
the Public Transportation Account from the State Highway Account in
the 2003-04 fiscal year pursuant to Section 183.1 of the Streets and
Highways Code.
2660-021-0042--For transfer by the Controller from the State
Highway Account, State Transportation Fund, to the Public
Transportation Account, State Transportation Fund, as prescribed by
Section 194 of the Streets and Highways Code . . . (21,600,000)
2660-023-0596--For transfer by the Controller from the Vincent
Thomas Toll Revenue Fund to the Toll Bridge Seismic Retrofit
Account, State Transportation Fund, pursuant to Section 188.5 of the
Streets and Highways Code . . . (6,997,000)
Provisions:
1. It is the intent of the Legislature that the full amount of
unencumbered funds in the Vincent Thomas Toll Revenue Fund be
transferred to the Toll Bridge Seismic Retrofit Account.
2660-101-0042--For local assistance, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
State Highway Account, State Transportation Fund . . . 61,879,000
Schedule:
(1) 20.30-Highway Transportation--Local Assistance . . . 57,007,000
(a) Regional Improvements . . . (54,157,000)
(b) Interregional Improvements . . . (2,850,000)
(2) 30-Mass Transportation . . . 4,872,000
Provisions:
1. Funds appropriated in this item shall be available for allocation
by
the California Transportation Commission through fiscal year
2006-07 and available for encumbrance and liquidation through June
30, 2010.
2. Notwithstanding any other provision of law, funds appropriated in
this item may be transferred intraschedule or to Items 2660-301-0042,
2660-102-0042, or 2660-302-0042. These transfers shall require the
prior approval of the Department of Finance and the California
Transportation Commission.
3. Notwithstanding any other provision of law, funds appropriated in
this item may be supplemented with federal funding appropriation
authority and with prior year State Highway Account appropriation
balances at a level determined by the department as required to
process claims utilizing federal advance construction through the
plan
of financial adjustment process under Sections 11251 and 16365 of
the Government Code.
2660-101-0045--For local assistance, Department of Transportation,
Program 20--Highway Transportation, payable from the Bicycle
Transportation Account, State Transportation Fund . . . 7,190,000
2660-101-0183--For local assistance, Department of Transportation,
Program 20--Highway Transportation, payable from the
Environmental Enhancement and Mitigation Demonstration Program
Fund . . . 5,000,000
2660-101-0890--For local assistance, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
Federal Trust Fund . . . 99,394,000
Schedule:
(1) 20-Highway Transportation . . . 99,394,000
(a)
Regional Improvements . . . (94,424,000)
(b) Interregional Improvements . . . (4,970,000)
Provisions:
1. For purposes of the Streets and Highways Code, all expenditures
from this item shall be deemed to be expenditures from the State
Highway Account, State Transportation Fund.
2. Federal funds may be received from any federal source and shall be
deposited in the Federal Trust Fund. Any federal reimbursements
shall be credited to the account from which the expenditures were
originally made.
3. Notwithstanding other provisions of law, funds appropriated in
this
item may be transferred intraschedule or to Items 2660-301-0890,
2660-302-0890, or 2660-102-0890. These transfers shall require the
prior approval of the Department of Finance and the California
Transportation Commission. These funds shall be available for
allocation by the California Transportation Commission through fiscal
year 2006-07.
2660-102-0042--For local assistance, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the State Highway Account, State Transportation Fund . . . 99,504,000
Schedule:
(1) 20-Highway Transportation . . . 92,504,000
(a) Regional Surface Transportation Program Ex- change . . .
(46,000,000)
(b) Local Assis- tance . . . (46,504,000)
(2) 40-Transportation Planning . . . 7,000,000
Provisions:
1. Funds appropriated in Schedule (1) shall be available for
allocation by the California Transportation Commission through fiscal
year 2006-07 and available for encumbrance and liquidation through
June 30, 2010.
2. Notwithstanding other provisions of law, funds appropriated in
this
item may be transferred intraschedule or to Item 2660-301-0042,
2660-101-0042, or 2660-302-0042. These transfers shall require the
prior approval of the Department of Finance and the California
Transportation Commission.
2660-102-0890--For local assistance, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the Federal Trust Fund . . . 1,141,401,000
Schedule:
(1) 20-Highway Transportation . . . 1,040,340,000
(2) 30-Mass Transportation . . . 55,061,000
(3) 40-Transportation Planning . . . 46,000,000
Provisions:
1. Notwithstanding other provisions of law, funds appropriated in
this
item may be transferred intraschedule or to Items 2660-101-0890,
2660-301-0890, or 2660-302-0890. These transfers shall require the
prior approval of the Department of Finance and the California
Transportation Commission. Funds appropriated in Schedules (1) and
(2) shall be available for allocation by the California
Transportation
Commission through fiscal year 2006-07.
2. For Program 20--Highway Transportation. For purposes of the
Streets and Highways Code, all expenditures from this item shall be
deemed to be expenditures from the State Highway Account, State
Transportation Fund.
3. For Program 20--Highway Transportation. Federal funds may be
received from any federal source and shall be deposited in the
Federal Trust Fund. Any federal reimbursements shall be credited to
the account from which the expenditures were originally made.
2660-105-0046--For local assistance, Department of Transportation,
Program 30-Mass Transportation, payable from the Public
Transportation Account, State Transportation Fund, for water transit
operations managed through the Metropolitan Transportation
Commission . . . 2,879,000
2660-295-0042--For local assistance, Department of Transportation,
for reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the Controller . . . 1,000
Schedule:
(1) 98.01.064--Airport Land Use Commissions/Plans (Ch. 644, Stats.
1994) . . . 1,000
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the Controller in accordance with the provisions of each statute or
executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
2660-301-0042--For capital outlay, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
State Highway Account, State Transportation Fund . . . 298,078,000
Schedule:
(1) 20-Highway Transportation . . . 291,173,000
(a)
Regional Improvements . . . (177,616,000)
(b) Interregional Improvements . . . (113,557,000)
(2) 30-Mass Transportation . . . 6,905,000
Provisions:
1. These funds shall be available for allocation by the California
Transportation Commission through fiscal year 2006-07 and available
for encumbrance and liquidation through June 30, 2010.
2. Notwithstanding any other provision of law, funds appropriated in
this item may be transferred intraschedule or to Items 2660-101-0042,
2660-102-0042, or 2660-302-0042. These transfers shall require the
prior approval of the Department of Finance and the California
Transportation Commission.
3. Notwithstanding any other provision of law, funds appropriated in
this item may be supplemented with federal funding appropriation
authority and with prior year State Highway Account appropriation
balances at a level determined by the department as required to
process claims utilizing federal advance construction through the
plan
of financial adjustment process under Sections 11251 and 16365 of
the Government Code.
2660-301-0890--For capital outlay, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
Federal Trust Fund . . . 394,778,000
Schedule:
(1) 20-Highway Transportation . . . 394,778,000
(a) Regional Improvements . . . (240,815,000)
(b) Interregional Improvements . . . (153,963,000)
Provisions:
1. Notwithstanding any other provision of law, amounts scheduled in
this item may be transferred intraschedule or to Items 2660-101-0890,
2660-102-0890, or 2660-302-0890. These transfers shall require the
prior approval of the Department of Finance and the California
Transportation Commission. These funds shall be available for
allocation by the California Transportation Commission through fiscal
year 2006-07.
2. For purposes of the Streets and Highways Code, all expenditures
from this item shall be deemed to be expenditures from the State
Highway Account, State Transportation Fund.
3. Federal funds may be received from any federal source and shall be
deposited in the Federal Trust Fund. Any federal reimbursements
shall be credited to the account from which the expenditures were
originally made.
2660-302-0042--For capital outlay, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the State Highway Account, State Transportation Fund . . .
993,612,000
Schedule:
(1) 20-Highway Transportation . . . 1,693,612,000
(a) State Highway Operation and Protection Program . . .
(1,693,612,000)
(2) Reimbursements . . . -700,000,000
Provisions:
1. These funds shall be available for allocation by the California
Transportation Commission through fiscal year 2006-07 and
available for encumbrance and liquidation through June 30, 2010.
2. Notwithstanding any other provision of law, funds appropriated in
this item may be transferred to Item 2660-101-0042, 2660-102-0042,
or 2660-301-0042. These transfers shall require the prior approval of
the Department of Finance and the California Transportation
Commission.
3. The Director of Finance may increase this item pursuant to
allocations made from tribal gaming bond revenues no sooner than 30
days after written notification of the allocation is provided to the
chairpersons of the fiscal committees in each house of the
Legislature
and the Chairperson of the Joint Legislative Budget Committee, or not
sooner than whatever lesser time the Chairperson of the Joint
Legislative Budget Committee, or his or her designee, may determine.
2660-302-0046--For capital outlay, Department of Transportation,
payable from the Public Transportation Account, State Transportation
Fund . . . 36,000,000
Schedule:
(1) 30-Mass Transportation . . . 61,000,000
(2) Reimbursements . . . -25,000,000
Provisions:
1. The Director of Finance may increase this item pursuant to
allocations made from tribal gaming bond revenues no sooner than 30
days after written notification of the allocation is provided to the
chairpersons of the fiscal committees in each house of the
Legislature
and the Chairperson of the Joint Legislative Budget Committee, or not
sooner than whatever lesser time the Chairperson of the Joint
Legislative Budget Committee, or his or her designee, may determine.
2660-302-0890--For capital outlay, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the Federal Trust Fund . . . 505,660,000
Schedule:
(1) 20-Highway Transportation . . . 505,660,000
(a) State Highway Operation and Protection Program . . .
(505,660,000)
Provisions:
1. Notwithstanding any other provision of law, amounts scheduled in
this item may be transferred to Items 2660-101-0890, 2660-102-0890,
or 2660-301-0890. These transfers shall require the prior approval of
the Department of Finance and the California Transportation
Commission. These funds shall be available for allocation by the
California Transportation Commission through fiscal year 2006-07.
2. For purposes of the Streets and Highways Code, all expenditures
from this item shall be deemed to be expenditures from the State
Highway Account, State Transportation Fund.
3. Federal funds may be received from any federal source and shall be
deposited in the Federal Trust Fund. Any federal reimbursements
shall be credited to the account from which the expenditures were
originally made.
2660-311-0042--For capital outlay, Department of Transportation,
payable from the State Highway Account, State Transportation Fund .
. . 1,438,000
Schedule:
(1) 20-Highway Transportation . . . 1,438,000
(a) 20.20.500-Statewide: Studies, preplanning and budget packages . .
. (100,000)
(b) 20.20.516-Oakland Seismic Retrofit Project: Preliminary plans . .
. (1,338,000)
Provisions:
1. For Program 20--Highway Transportation. Up to 20 percent of the
funds appropriated in this item may be transferred from Item
2660-301-0042 of this act to enable the California Transportation
Commission to allocate supplemental funds to projects within this
item. The transfer may be made only with the approval of the
commission and the Department of Finance. The Department of
Finance shall be notified of the transfer prior to the commission's
approval of any transfer or allocation of those funds to any project.
2. Notwithstanding any other provision of law, the project identified
in Schedule (1)(b) of this item shall be subject to administrative
oversight by the State Public Works Board.
3. Funds appropriated in this item are available to the Department of
Transportation to purchase one modular office unit totaling 6,480
square feet in the City of Eureka, two modular office units totaling
9,270 square feet in the City of Redding, two modular office units
totaling 8,540 square feet in the City of Stockton, and two modular
units totaling 12,960 square feet in the City of Sacramento. The
Department of Transportation is directed to redirect seven dollars
($7) from its support appropriation for this purpose.
2660-398-0042--For the Department of Transportation, for state
operations, local assistance, or capital outlay, payable from the
State
Highway Account, State Transportation Fund . . . 150,000,000
Provisions:
1. Upon order of the Director of Finance, funds in this item are
available for allocation to other State Highway Account items for
expenditure, as specified in this provision, upon determination that
the
state will receive additional federal funds pursuant to the passage
of
the Safe, Accountable, Flexible, and Efficient Transportation Equity
Act of 2003 or other federal transportation acts.
(a) Notwithstanding Section 28.50, the allocations may only be
authorized not sooner than 30 days after notification in writing is
provided to the chairperson of the committee in each house of the
Legislature that considers appropriations and the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, may in
each instance determine.
(b) The following programs, activities, and projects will receive
priority allocations of funds: not more than $19,900,000 for
Performance Measurement System information technology project;
California Advanced Transportation Management System information
technology project; Traffic Monitoring Stations analysis and repair;
Freeway Service Patrol expansion; and matching funds for
participation in a public/private partnership to deploy radar and
microwave-based detection devices on state right-of-way; not more
than $32,400,000 for additional capital outlay staffing directly
related
to allocations from this item; and not more than $250,000 for
financial
advisor services.
(c) Information technology projects receiving an allocation of funds
from this item must first obtain requisite approval of a feasibility
study report prior to fund allocation.
(d) Any funds allocated in this item and not used for expenditures
defined in subdivision (b) shall be allocated to support State
Transportation Improvement Program (STIP) and State Highway
Operations and Protection Program (SHOPP) local assistance and
capital outlay expenditures.
2. Notwithstanding any other provision of law, expenditure authority
in this item may be transferred to Item 2660-398-0890, provided that
total expenditure authority for this item and Item 2660-398-0890 does
not exceed $300,000,000 provided that the total amounts provided for
the specific purposes listed in subdivision (b) of Provision 1 do not
exceed the amounts specified therein. Transfers shall require the
prior
approval of the Director of Finance.
2660-398-0890--For the Department of Transportation, for state
operations, local assistance, or capital outlay, payable from the
Federal Trust Fund . . . 150,000,000
Provisions:
1. Upon order of the Director of Finance, funds in this item are
available for allocation to other federal fund items for expenditure,
as
specified in this provision, upon a determination that the state will
receive additional federal funds pursuant to the passage of the Safe,
Accountable, Flexible, and Efficient Transportation Equity Act of
2003 or other federal transportation acts.
(a) Notwithstanding Section 28.50, the allocations may only be
authorized not sooner than 30 days after notification in writing is
provided to the chairperson of the committee in each house that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee or his or her designee may in
each instance
determine.
(b) The following programs, activities, and projects will receive
priority allocations of funds: not more than $19,900,000 for the
Performance Measurement System information technology project; the
California Advanced Transportation Management System information
technology project; Traffic Monitoring Stations analysis and repair;
Freeway Service Patrol expansion; and matching funds for
participation in a public/private partnership to deploy radar and
microwave based detection devices on state right-of-way; not more
than $32,400,000 for additional capital outlay staffing directly
related
to allocations from this item; and not more than $250,000 for
financial
advisor services.
(c) Information technology projects receiving an allocation of funds
from this item must first obtain requisite approval of a feasibility
study report prior to fund allocation.
(d) Any funds allocated in this item and not used for expenditures
defined in subdivision (b) shall be allocated to support State
Transportation Improvement Program (STIP) and State Highway
Operations and Protection Program (SHOPP) local assistance and
capital outlay expenditures.
2. Notwithstanding any other provision of law, expenditure authority
in this item may be transferred to Item 2660-398-0042, provided that
total expenditure authority for this item and Item 2660-398-0042 does
not exceed $300,000,000 provided that the total amounts provided for
the specific purposes listed in subdivision (b) of Provision 1 do not
exceed the amounts specified therein. Transfers shall require the
prior
approval of the Department of Finance.
2660-399-0042--For the Department of Transportation, for final cost
accounting of projects for which appropriations have expired, for
state operations, local assistance, or capital outlay, payable from
the
State Highway Account, State Transportation Fund. Funds
appropriated in this item shall be available for expenditure until
June
30, 2005 . . . 5,000,000
2660-399-0890--For the Department of Transportation, for state
operations, local assistance, or capital outlay, payable from the
Federal Trust Fund . . . 31,000,000
Provisions:
1. $31,000,000 is available for Corridor Improvement and Formula
Section 163 grants.
2660-401--Notwithstanding any other provision of law, various items
of appropriation in this act may be reduced, upon approval of the
Director of Finance, if the equipment rental rates for 2004-05,
charged by the Department of Transportation, Division of Equipment,
to the department's programs, would result in costs below the
budgeted level. The following items of appropriation include funding
for rental payments and may be reduced by an amount not to exceed
the savings in each item attributable to reduced equipment rental
rates:
Item 2660-001-0041, Item 2660-001-0042, Item 2660-001-0046, Item
2660-001-0650, Item 2660-001-0890.
2660-402--Before allocating projects in the 2004-05 fiscal year that
would result in the issuance of notes pursuant to Section 14553 of
the
Government Code exceeding $800,000,000, the California
Transportation Commission shall consult with the Business,
Transportation and Housing Agency, the Department of
Transportation, and the Department of Finance pursuant to Section
14553.8 of the Government Code to consider and determine the
appropriateness of the mechanism authorized by Section 14553 of the
Government Code in comparison to other funding mechanisms, and to
determine and report to the Governor and the Legislature the effect
of
issuance of the notes on future federal funding commitments.
Allocations above $800,000,000 shall not be made prior to providing
60 days notice to the chairpersons of the transportation committees
of
each house and the Chairperson of the Joint Legislative Budget
Committee.
2660-490--Reappropriation, Department of Transportation. The
balance of the appropriation provided in the following citation is
reappropriated for the purposes provided for in that appropriation
and
shall be available for encumbrance and expenditure until June 30,
2006.
0046--Public Transportation Account
Item 2660-301-0046, Budget Act of 2001 (Ch. 106, Statutes of 2001)
2660-491--Reappropriation, Department of Transportation.
Notwithstanding any other provision of law, the unliquidated
encumbrances for the appropriations provided in the following
citations, are reappropriated until June 30, 2005. The unencumbered
balance shall not be available for encumbrance.
0042--State Highway Account
(1) Item 2660-325-0042, Budget Act of 1996
(Ch. 162, Stats. 1996)
(2) Item 2660-301-0042, Budget Act of 1997
(Ch. 282, Stats. 1997)
(3) Item 2660-301-0042, Budget Act of 1998
(Ch. 324, Stats. 1998)
0046--Public Transportation Account
(1) Item 2660-125-046, Budget Act of 1993
(Ch. 55, Stats. 1993)
(2) Item 2660-101-046, Budget Act of 1994
(Ch. 139, Stats. 1994)
(3) Item 2660-125-046, Budget Act of 1994
(Ch. 139, Stats. 1994)
(4) Item 2660-125-0046, Budget Act of 1996
(Ch. 162, Stats. 1996)
0853--Petroleum Violation Escrow Account
(1) Chapter 186, Statutes of 1986
(2) Chapter 1427, Statutes of 1988
(3) Chapter 1434, Statutes of 1988
(4) Chapter 1648, Statutes of 1990
(5) Chapter 960, Statutes of 1991
(6) Item 2660-101-853, Budget Act of 1992
(Ch. 587, Stats. 1992)
(7) Chapter 1159, Statutes of 1993
(8) Chapter 980, Statutes of 1995
0890--Federal Trust Fund
(1) Item 2660-301-0890, Budget Act of 1996
(Ch. 162, Stats. 1996)
2660-492--Extension of liquidation period, Department of
Transportation. The balance of the funds for the appropriations
provided in the following citation is reappropriated for the purposes
provided for in the appropriations and shall be available for
liquidation until June 30, 2005. 0042--State Highway Account, State
Transportation Fund.
(1) Item 2660-001-0042, Budget Act of 2000 (Ch. 52, Stats. 2000) as
reappropriated by Item 2660-492, Budget Act of 2001 (Ch.
106, Stats.
2001), 50.10-Administration, up to $5,253,000 shall be available for
the Transportation Permits Management Systems Information
Technology Project.
(2) Item 2660-001-0042, Budget Act of 2001 (Ch. 106, Stats. 2001),
as reappropriated by Item 2660-492, Budget Act of 2003 (Ch. 157,
Stats. 2003), 20.10-Capital Outlay Support, $7,057,000 shall be
available for the Project Resourcing and Schedule Management
System.
Provisions:
1. At the time the 2005-06 Governor's Budget is submitted to the
Legislature, the Department of Transportation shall report to the
Chairperson of the Joint Legislative Budget Committee on the
progress of developing and implementing the Project Resourcing and
Schedule Management System. The report shall include, among other
things, the revised project schedule, the activities completed to
date,
and the activities proposed to be funded by the 2005-06 Governor's
Budget.
2660-493--Reappropriation, Department of Transportation.
Notwithstanding any other provision of law, the appropriations in the
following citations are reappropriated to enable the collection of
outstanding federal reimbursements as of the end of June 30, 2004.
These appropriations are not available for encumbrance or liquidation
and shall revert on June 30, 2005:
0890--Federal Trust Fund
(1) Item 2660-001-890, Budget Act of 1987
(Ch. 135, Stats. 1987)
(2) Item 2660-001-890, Budget Act of 1988
(Ch. 313, Stats. 1988)
(3) Item 2660-001-890, Budget Act of 1989
(Ch. 93, Stats. 1989)
(4) Item 2660-001-890, Budget Act of 1990
(Ch. 467, Stats. 1990)
(5) Item 2660-001-890, Budget Act of 1991
(Ch. 118, Stats. 1991)
(6) Item 2660-001-890, Budget Act of 1992
(Ch. 587, Stats. 1992)
(7) Item 2660-001-890, Budget Act of 1993
(Ch. 55, Stats. 1993)
(8) Item 2660-001-890, Budget Act of 1994
(Ch. 139, Stats. 1994)
(9) Item 2660-001-890, Budget Act of 1995
(Ch. 303, Stats. 1995)
(10) Item 2660-301-890, Budget Act of 1992 (Ch. 587, Stats. 1992)
(11) Item 2660-001-0890, Budget Act of 1996 (Ch. 162, Stats. 1996)
(12) Item 2660-001-0890, Budget Act of 1997
(Ch. 282, Stats. 1997)
(13) Item 2660-001-0890, Budget Act of 1998
(Ch. 324, Stats. 1998)
(14) Item 2660-001-0890, Budget Act of 1999
(Ch. 50, Stats. 1999)
2660-496--Reversion, Department of Transportation, as of June 30,
2004, the following appropriation amounts in the following citations
shall revert to the fund from which the appropriation was made.
0042--State Highway Account
(1) Item 2660-102-0042, Budget Act of 2003 (Ch. 157, Stats. 2003),
20.30-Highway Transportation--Local Assistance . . . 165,000
0890--Federal Trust Fund
(1) Item 2660-102-0890, Budget Act of 2003 (Ch. 157, Stats. 2003),
20.30-Highway Transportation--Local Assistance . . . 660,000
2665-001-0046--For support of High-Speed Rail Authority, Program
10-High-Speed Rail Authority, payable from the Public
Transportation Account, State Transportation Fund . . . 1,819,000
Provisions:
1. Of the funds appropriated in this item, $300,000 may be used only
for the legal defense of the final Environmental Impact
Report/Environmental Impact Statement.
2700-001-0044--For support of Office of Traffic Safety, payable from
the Motor Vehicle Account, State Transportation Fund . . . 392,000
Schedule:
(1) 10-California Traffic Safety . . . 58,386,000
(2) Amount payable from the Federal Trust Fund (Item
2700-001-0890) . . . -57,994,000
2700-001-0890--For support of Office of Traffic Safety, for payment
to Item 2700-001-0044, payable from the Federal Trust Fund, not
subject to the provisions of Section 28.00 . . . 57,994,000
2700-101-0890--For local assistance, Office of Traffic Safety,
payable from the Federal Trust Fund, not subject to the provisions of
Section 28.00 . . . 26,384,000
2720-001-0042--For support of Department of the California
Highway Patrol, for payment to Item 2720-001-0044, payable from
the State Highway Account, State Transportation Fund . . . 46,783,000
2720-001-0044--For support of Department of the California
Highway Patrol, payable from the Motor Vehicle Account, State
Transportation Fund . . . 1,171,517,000
Schedule:
(1) 10-Traffic Management . . . 1,128,797,000
(2) 20-Regulation and Inspection . . . 141,161,000
(3) 30-Vehicle Ownership Security . . . 31,223,000
(4) 40.01-Administration . . . 151,688,000
(5) 40.02-Distributed Administration . . . -151,688,000
(6) Reimbursements . . . -64,322,000
(7) Amount payable from the State Highway Account (Item
2720-001-0042) . . . -46,783,000
(8) Amount payable from the Motor Carrier Safety Improvement Fund
(Item 2720-001-0293) . . . -1,275,000
(9) Amount payable from the California Motorcyclist Safety Fund
(Item 2720-001-0840) . . . -1,425,000
(10) Amount payable from the Federal Trust Fund (Item
2720-0010890) . . . -13,585,000
(11) Amount payable from the Hazardous Substance Account, Special
Deposit Fund (Item 2720-001-0942) . . . -206,000
(12) Amount payable from the Asset Forfeiture Account, Special
Deposit Fund (Item 2720-0110942) . . . -2,068,000
2720-001-0293--For support of Department of the California
Highway Patrol, for payment to Item 2720-001-0044, payable from
the Motor Carrier Safety Improvement Fund . . . 1,275,000
2720-001-0840--For support of Department of the California
Highway Patrol, for payment to Item 2720-001-0044, payable from
the California Motorcyclist Safety Fund . . . 1,425,000
2720-001-0890--For support of Department of the California
Highway Patrol, for payment to Item 2720-001-0044, payable from
the Federal Trust Fund . . . 13,585,000
2720-001-0942--For support of Department of the California
Highway Patrol, for payment to Item 2720-001-0044, payable from
the Hazardous Substance Account, Special Deposit Fund . . . 206,000
2720-003-0044--For support of Department of the California
Highway Patrol for rental payments on lease- revenue bonds, payable
from Motor Vehicle Account, State Transportation Fund . . . 953,000
Schedule:
(1) Base Rental and Fees . . . 953,000
(2) Insurance . . . 4,000
(3) Reimbursements . . . -4,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
2720-011-0942--For support of Department of the California
Highway Patrol, for payment to Item 2720-001-0044, payable from
the Asset Forfeiture Account, Special Deposit Fund . . . 2,068,000
2720-012-0903--For transfer by the Controller from the State Penalty
Fund to the California Motorcyclist Safety Fund . . . (250,000)
2720-021-0044--For Department of the California Highway Patrol,
for advance authority for the department to incur automotive
equipment purchase obligations in an amount not to exceed
$5,000,000 during the 2004-05 fiscal year, for delivery beginning in
the 2005-06 fiscal year, payable from the Motor Vehicle Account,
State Transportation Fund . . . (5,000,000)
2720-101-0974--For local assistance, Department of California
Highway Patrol, payable from the Peace Officer Memorial
Foundation Fund . . . 400,000
2720-301-0044--For capital outlay, Department of the California
Highway Patrol, payable from the Motor Vehicle Account, State
Transportation Fund . . . 250,000
Schedule:
(1) 50.02.002-Headquarters Relocation Study . . . 250,000
2740-001-0042--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the State Highway
Account, State Transportation Fund . . . 37,500,000
2740-001-0044--For support of Department of Motor Vehicles,
payable from the Motor Vehicle Account, State Transportation Fund .
. . 391,022,000
Schedule:
(1) 11-Vehicle/Vessel Identification and Compliance . . . 405,691,000
(2) 22-Driver Licensing and Personal Identification . . . 182,372,000
(3) 25-Driver Safety . . . 92,428,000
(4) 32-Occupational Licensing and Investigative Services . . .
39,015,000
(5) 35-New Motor Vehicle Board . . . 1,780,000
(6) 41.01-Administration . . . 85,758,000
(7) 41.02-Distributed Administration . . . -85,758,000
(8) Reimbursements . . . -12,842,000
(9) Amount payable from the State Highway Account, State
Transportation Fund (Item 2740-0010042) . . . -37,500,000
(10) Amount payable from the New Motor Vehicle Board Account
(Item 2740-001-0054) . . . -1,780,000
(11) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Item 2740-001-0064) . . . -275,689,000
(12) Amount payable from the Harbors and Watercraft Revolving
Fund (Item 2740-001-0516) . . . -2,453,000
2740-001-0054--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the New Motor
Vehicle Board Account . . . 1,780,000
2740-001-0064--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the Motor Vehicle
License Fee Account, Transportation Tax Fund . . . 275,689,000
2740-001-0516--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the Harbors and
Watercraft Revolving Fund . . . 2,453,000
Provisions:
1. The funds appropriated in this item are for undocumented vessel
registration and fee collection.
2740-301-0042--For capital outlay, Department of Motor Vehicles,
for payment to Item 2740-301-0044, payable from the State Highway
Account, State Transportation Fund . . . 544,000
2740-301-0044--For capital outlay, Department of Motor Vehicles,
payable from the Motor Vehicle Account, State Transportation Fund .
. . 4,726,000
Schedule:
(1) 71.03.020-Sacramento Headquarters: 5th Floor Asbestos
Removal and Seismic Retrofit--Construction . . . 7,511,000
(2) 71.03.024--Sacramento Headquarters: 6th Floor Asbestos
Removal, Seismic Retrofit, and Building Re-skin--Preliminary plans .
. . 1,352,000
(3) Amount payable from the State Highway Account, State
Transportation Fund (Item 2740-301-0042) . . . -544,000
(4) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Item 2740-301-0064) . . . -3,593,000
2740-301-0064--For capital outlay, Department of Motor Vehicles,
for payment to Item 2740-301-0044, payable from the Motor Vehicle
License Fee Account, Transportation Tax Fund . . . 3,593,000
2780-001-0683--For support of Stephen P. Teale Data Center,
payable from the Stephen P. Teale Data Center Revolving Fund . . .
101,063,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the Stephen P. Teale Data
Center in excess of the amount appropriated not sooner than 30 days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees in each house of the
Legislature
and the Chairperson of the Joint Legislative Budget Committee, or not
sooner than whatever lesser time the chairperson of the committee, or
his or her designee, may in each instance determine.
2. Expenditure authority provided in this item to support data center
infrastructure projects may not be utilized for items outside the
approved project scope. In addition, the data center shall report to
the
Department of Finance actual expenditures associated with the
projects when purchase agreements have been executed.
3. On or before September 1, 2004, the Stephen P. Teale Data Center,
or its successor entity, shall submit to the Department of Finance
and
the Legislative Analyst's Office a report detailing the cost factors
reflected in the 2004-05 rates. This report shall include (a) a
statement of the department's expenditures and revenues, by function,
(b) information detailing the incremental changes to rates between
fiscal years, including the reason for, and aggregate amount of, the
change, and (c) for each client department the actual amounts charged
in 2002-03, 2003-04, and proposed in 2004-05. The Department of
Finance shall use this report to review the current methodologies
used
to set rates and shall provide a report of its findings as part of
the
2005-06 Governor's Budget.
RESOURCES
3110-001-0140--For support of Special Resources Program, Program
30--Sea Grant Program, payable from the California Environmental
License Plate Fund, for grants to public and private higher education
for use as a maximum of two-thirds of the local matching share for
projects under the National Sea Grant College Program Act, as
amended . . . 200,000
3110-101-0071--For local assistance, Special Resources Program,
Program 20--Yosemite Foundation, payable from the Yosemite
Foundation Account, California Environmental License Plate Fund . . .
840,000
Provisions:
1. There is hereby appropriated to the Special Resources Program for
allocation by the State Controller to the Yosemite Foundation all
moneys deposited in the account for activities authorized pursuant to
Section 5064 of the Vehicle Code (Chapter 1273, Statutes of 1992).
3110-101-0140--For local assistance, Special Resources Program,
Program 10--Tahoe Regional Planning Agency, payable from the
California Environmental License Plate Fund . . . 3,231,000
3110-101-0516--For local assistance, Special Resources Program,
Program 10--Tahoe Regional Planning Agency, payable from the
Harbors and Watercraft Revolving Fund . . . 124,000
Provisions:
1. Notwithstanding any other provision of law, funds in this item
shall
be expended to implement motorized watercraft regulations adopted
by the Tahoe Regional Planning Agency.
3125-001-0001--For support of California Tahoe Conservancy . . . 0
Schedule:
(1) 10-Tahoe Conservancy . . . 4,384,000
(2) Reimbursements . . . -60,000
(3) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3125-001-0005) .
. . -144,000
(4) Amount payable from the California Environmental License Plate
Fund (Item 3125-001-0140) . . . -2,742,000
(5) Amount payable from the Habitat Conservation Fund (Item
3125-001-0262) . . . -62,000
(6) Amount payable from the Lake Tahoe Conservancy Account (Item
3125-001-0286) . . . -232,000
(7) Amount payable from the Tahoe Conservancy Fund (Item
3125-001-0568) . . . -186,000
(8) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3125-001-6029) . . . -603,000
(9) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3125-001-6031) . . .
-355,000
3125-001-0005--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
144,000
3125-001-0140--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the California
Environmental License Plate Fund . . . 2,742,000
3125-001-0262--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Habitat
Conservation Fund . . . 62,000
3125-001-0286--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Lake Tahoe
Conservancy Account . . . 232,000
3125-001-0568--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Tahoe
Conservancy Fund . . . 186,000
Provisions:
1. Of this amount, pursuant to Section 66908.3 of the Government
Code, the conservancy shall pay $44,900 to the County of Placer, and
$1,600 to the County of El Dorado.
2. Fifty percent of the amounts pursuant to Provision 1 above shall
be
used by the Counties of Placer and El Dorado for soil erosion control
projects in the Lake Tahoe region, as defined in Section 66905.5 of
the Government Code.
3125-001-6029--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 603,000
3125-001-6031--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . .
. 355,000
3125-101-6029--For local assistance, California Tahoe Conservancy,
payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 3,000,000
Schedule:
(1) 10-Tahoe Conservancy . . . 3,000,000
Provisions:
1. The acquisition of real property or an interest in real property
with
funds appropriated in this item is not subject to the Property
Acquisition Law when the value is $250,000 or less, and, therefore,
is
not subject to approval by the State Public Works Board.
2. The amount appropriated in this item is available for expenditure
for capital outlay or local assistance. Expenditures of funds for
grants
to public agencies and grants to nonprofit organizations, as
authorized
by subdivision (a) of Section 66907.7 of the Government Code, are
exempt from review of the State Public Works Board.
3. This appropriation shall be available for expenditure until June
30,
2007.
3125-101-6031--For local assistance, California Tahoe Conservancy,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 9,000,000
Schedule:
(1) 10-Tahoe Conservancy . . . 9,000,000
Provisions:
1. The acquisition of real property or an interest in real property
with
funds appropriated in this item is not subject to the Property
Acquisition Law when the value is $250,000 or less, and, therefore,
is
not subject to approval by the State Public Works Board.
2. The amount appropriated in this item is available for expenditure
for capital outlay or local assistance. Expenditures of funds for
grants
to public agencies and grants to nonprofit organizations, as
authorized
by subdivision (a) of Section 66907.7 of the Government Code, are
exempt from review of the State Public Works Board.
3. This appropriation shall be available for expenditure until June
30,
2007.
3125-301-0262--For capital outlay, California Tahoe Conservancy,
payable from the Habitat Conservation Fund . . . 438,000
Schedule:
(1) 50.30.003-Acquisition, restoration, and enhancement of habitat .
. .
438,000
Provisions:
1. The acquisition of real property or interests with funds
appropriated by this item is not subject to the Property Acquisition
Law when the value is less than $250,000 and, therefore, is not
subject to Public Works Board approval.
2. The amount appropriated in this item is available for expenditure
for capital outlay or for local assistance until June 30, 2007.
Expenditures of funds for grants to public agencies and grants to
nonprofit organizations, as authorized by subdivision (a) of Section
66907.7 of the Government Code, are exempt from Public Works
Board review.
3125-301-0286--For capital outlay, California Tahoe Conservancy,
payable from the Lake Tahoe Conservancy Account . . . 754,000
Schedule:
(1) 50.30.002-Land acquisition and site improvements--Public access
and recreation pursuant to Title 7.42 (commencing with Section
66905) of the Government Code . . . 566,000
(2) 50.30.004-Land acquisition and site improvements--stream
environment zones and watershed restorations pursuant to Title 7.42
(commencing with Section 66905) of the Government Code . . .
565,000
(3) Reimbursements . . . -377,000
Provisions:
1. The acquisition of real property or interests with funds
appropriated by this item is not subject to the Property Acquisition
Law when the value is less than $250,000 and, therefore, is not
subject to Public Works Board approval.
2. The amount appropriated in this item is available for expenditure
for capital outlay or for local assistance until June 30, 2007.
Expenditures of funds for grants to public agencies and grants to
nonprofit organizations, as authorized by subdivision (a) of Section
66907.7 of the Government Code, are exempt from Public Works
Board review.
3125-301-6029--For capital outlay, California Tahoe Conservancy,
payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund.......... . . .
6,922,000
Schedule:
(1) 50.30.002-For land acquisition and site improvements for public
access and recreation pursuant to Title 7.42 (commencing with
Section 66905) of the Government Code . . . 1,223,000
(2) 50.30.003-For land acquisition and site improvements for wildlife
enhancement pursuant to Title 7.42 (commencing with Section 66905)
of
the Government Code . . . 712,000
(3) 50.30.004-For land acquisition and site improvements for stream
environment zones and watershed restorations pursuant to Title 7.42
(commencing with Section 66905) of the Government Code . . .
3,713,000
(4) 50.30.005-For land acquisitions pursuant to Title 7.42
(commencing with Section 66905) of the Government Code . . .
1,500,000
(5) Reimbursements . . . -226,000
Provisions:
1. The acquisition of real property or an interest in real property
with
funds appropriated in this item is not subject to the Property
Acquisition Law when the value is $250,000 or less, and, therefore,
is not subject to approval by the State Public Works Board.
2. The amount appropriated in this item is available for expenditure
for capital outlay or local assistance. Expenditures of funds for
grants
to public agencies and grants to nonprofit organizations, as
authorized
by subdivision (a) of Section 66907.7 of the Government Code, are
exempt from the review of the State Public Works Board.
3. The amount appropriated in this item is available for expenditure
until June 30, 2007.
3340-001-0001--For support of California Conservation Corps . . .
25,373,000
Schedule:
(1) 10-Training and Work Program . . . 57,256,000
(2) 10.55-Administration . . . (5,964,000)
(3) 10.55-Distributed Administration . . . (-5,964,000)
(3.5) Amount payable from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Fund (Item
3340-001-0005) . . . -633,000
(4) Amount payable from the California Environmental License Plate
Fund (Item 3340-001-0140) . . . -315,000
(5) Amount payable from the Public Resources Account, Cigarette and
Tobacco Products Surtax Fund (Item 3340-001-0235) . . . -291,000
(6) Amount payable from the Collins-Dugan California Conservation
Corps Reimbursement Account (Item 3340-001-0318) . . .
-29,420,000
(7) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3340-001-6029) . . . -1,224,000
Provisions:
1. Of the funds appropriated in this item, $2,725,000 shall be
available for use by the California Conservation Corps to respond to
natural disasters and other emergencies, including the fighting of
forest fires. The Director of Finance may adjust this amount to the
extent indicated by corrections identified by the director in the
reports
of the past expenditures of the California Conservation Corps upon
which the amounts appropriated by this item are based. The Director
of Finance shall notify the Chairperson of the Joint Legislative
Budget
Committee at least 30 days prior to making that adjustment.
2. To the extent that funds in excess of the amount identified in
Provision 1 are necessary in order for the California Conservation
Corps to respond to one or more emergencies declared by the
Governor, the Department of Finance shall transfer, from the funds
available pursuant to Section 8690.6 of the Government Code, an
amount not to exceed $1,500,000 as necessary to fund that response.
If, after the Department of Finance has transferred funds pursuant to
this provision, the California Conservation Corps receives
reimbursements or other amounts in payment of its costs of response
to one or more declared emergencies, those amounts shall be
deposited in the General Fund.
3340-001-0005--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
633,000
Provisions:
1. Of the funds appropriated in this item, $25,000 shall be used to
support a partnership between the California Conservation Corps and
California Department of Forestry and Fire Protection for prescribed
fuels management fire activities.
3340-001-0140--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the California
Environmental License Plate Fund . . . 315,000
3340-001-0235--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the Public Resources
Account, Cigarette and Tobacco Products Surtax Fund . . . 291,000
3340-001-0318--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the Collins-Dugan
California Conservation Corps Reimbursement Account . . .
29,420,000
Provisions:
1. Notwithstanding Section 14316 of the Public Resources Code, the
Department of Finance may make a loan from the General Fund to the
Collins-Dugan California Conservation Corps reimbursement account
for the purposes of this item, in the amount of 25 percent of the
reimbursements anticipated in the Collins-Dugan California
Conservation Corps Reimbursement Account to be received by the
California Conservation Corps from each client agency, not to exceed
an aggregate total of $7,355,000 to meet cashflow needs due to delays
in collecting reimbursements. Any loan made by the Department of
Finance pursuant to this provision shall only be made if the
California
Conservation Corps has a valid contract or certification signed by
the
client agency, which demonstrates that sufficient funds will be
available to repay the loan. All moneys so transferred shall be
repaid
to the General Fund as soon as possible, but not later than one year
from the date of the loan. On and after a date of 90 days after the
end
of that year, the Department of Finance shall charge interest to the
California Conservation Corps, at the rate earned in the Pooled
Money Investment Fund, on any portion of the loan that has not been
repaid.
2. Of the funds appropriated in this item, $1,480,000 is for support
of
the fuels management partnership between the California
Conservation Corps and California Department of Forestry and Fire
Protection. The intent of this partnership is to provide fire and
fuel
reduction training to 75 corps members and to actively engage the
California Conservation Corps in the Sierra Nevada Forest Land and
Fuels Management Program within the Department of Forestry and
Fire Protection. Of the $1,480,000 appropriated in this item for the
partnership, $600,000 shall be for reimbursements for activities in
the
California Department of Forestry and Fire Protection's Prefire
Management Program funded by Proposition 40, $310,000 shall be for
reimbursements from the Workforce Investment Act funding to support
training activities for corps members, $25,000 shall be for
reimbursements for prescribed fire activities under the direction of
the
department and funded by Proposition 40, and $545,000 shall be for
any additional reimbursements necessary to support the participation
of corps members in the partnership.
3340-001-6029--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 1,224,000
3340-101-0005--For local assistance, California Conservation Corps,
payable from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Fund . . . 2,550,000
3340-101-6029--For local assistance, California Conservation Corps,
payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 4,003,000
3340-490--Reappropriation, California Conservation Corps.
Notwithstanding any other provision of law, the balance of the
appropriations provided in the following citations are reappropriated
for the purposes and subject to the limitations, unless otherwise
specified, provided for in the appropriations: 0660--Public
Buildings
Construction Fund (1) Item 3340-301-0660, Budget Act of 2003 (Ch.
157, Stats. 2003)
(1) 20.10.170-Tahoe Base Center Relocation--Preliminary plans and
working drawings
Provisions:
1. Notwithstanding Section 2.00 of the Budget Act, the funds
appropriated in this item shall be available for expenditure until
June
30, 2005, except appropriations for working drawings which shall be
available for expenditure until June 30, 2006.
3360-001-0044--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Motor Vehicle Account, State Transportation Fund .
. . 127,000
3360-001-0381--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Public Interest Research, Development and
Demonstration Fund . . . 69,147,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act, funds
appropriated in this item shall be available for expenditure during
the
2004-05 and 2005-06 fiscal years.
2. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item shall be available for liquidation of
encumbrances until June 30, 2010.
3. Notwithstanding any other provision of law, funds appropriated in
this item may be used by the Energy Resources Conservation and
Development Commission to provide grants, loans, or repayable
research contracts. When the commission evaluates proposals, a
high-point scoring method may be used in lieu of lowest cost.
Repayment terms shall be determined by the commission.
4. Of the amount appropriated in this item, $200,000 shall be made
available for grants to the California Climate Action Registry to
support program activities.
3360-001-0382--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Renewable Resource Trust Fund . . . 3,946,000
3360-001-0465--For support of Energy Resources Conservation and
Development Commission, payable from the Energy Resources
Programs Account . . . 46,204,000
Schedule:
(1) 10-Regulatory and Planning . . . 26,933,000
(2) 20-Energy Resources Conservation . . . 16,655,000
(3) 30-Development . . . 92,192,000
(4) 40.01-Policy, Management and Administration . . . 10,951,000
(5) 40.02-Distributed Policy, Management and Administration . . .
-10,951,000
(6) Reimbursements . . . -5,745,000
(7) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 3360-001-0044) . . . -127,000
(8) Amount payable from the Public Interest Research, Development
and Demonstration Fund (Item 3360-001-0381) . . . -69,147,000
(9) Amount payable from the Renewable Resource Trust Fund (Item
3360-001-0382) . . . -3,946,000
(10) Amount payable from the Energy Technologies Research
Development and Demonstration Account (Item 3360-001-0479) . . .
-550,000
(11) Amount payable from the Local Government Geothermal
Resources Revolving Subaccount, GRDA (Item 3360-001-0497) . . .
-342,000
(12) Amount payable from the Petroleum Violation Escrow Account
(Item 3360-001-0853) . . . -198,000
(13) Amount payable from the Federal Trust Fund (Item
3360-001-0890) . . . -8,906,000
(14) Amount payable from the Energy Facility License and
Compliance Fund (Item 3360-001-3062) . . . -615,000
Provisions:
1. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item for the Energy Technology Export Program
shall be available for liquidation of encumbrances until June 30,
2008.
3360-001-0479--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Energy Technologies Research, Development and
Demonstration Account for the purpose of funding loans, grants and
contracts to provide a variety of research projects . . . 550,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act, funds
appropriated in this item shall be available for expenditure during
the
2004-05 and 2005-06 fiscal years.
2. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item shall be available for liquidation of
encumbrances until June 30, 2008.
3. Notwithstanding any other provision of law, funds appropriated in
this item may be used by the Energy Resources Conservation and
Development Commission to provide grants, loans, or repayable
research contracts. When the commission evaluates proposals, a
high-point scoring method may be used in lieu of lowest cost.
Repayment terms shall be determined by the commission.
3360-001-0497--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Local Government Geothermal Resources Revolving
Subaccount, GRDA . . . 342,000
3360-001-0853--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Petroleum Violation Escrow Account . . . 198,000
3360-001-0890--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Federal Trust Fund . . . 8,906,000
3360-001-3062--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Energy Facility License and Compliance Fund . . .
615,000
3360-011-0465--For transfer by the Controller, upon order of the
Director of Finance, from the Energy Resources Programs Account to
the General Fund . . . (12,000,000)
3360-101-0497--For local assistance, Energy Resources
Conservation and Development Commission, pursuant to Section
3822 of the Public Resources Code, payable from the Local
Government Geothermal Resources Revolving Subaccount, GRDA . .
. 3,200,000
Schedule:
(1) 30-Development . . . 3,200,000
Provisions:
1. Funds appropriated in this item shall be available for expenditure
until June 30, 2006.
2. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item shall be available for liquidation until
June
30, 2008.
3360-490--Reappropriation, Energy Resources Conservation and
Development Commission. Funds appropriated in the following
citation are reappropriated for the purposes and subject to the
limitations, unless otherwise specified, provided for in that
appropriation, and shall be available for encumbrance and
expenditure until June 30, 2005:
0853--Petroleum Violation Escrow Account
(1) $925,000 from Item 3360-001-0853, Budget Act of 2000 (Ch. 52,
Stats. 2000), for a gaseous hydrogen fueling station to be developed
by the Alameda-Contra Costa Transit District
3360-495--Reversion, Energy Resources Conservation and
Development Commission. The following amounts shall revert to the
General Fund as of June 30, 2004:
(1) $22,451,820 from Section 5 of Chapter 7 of the Statutes of 2001,
First Extraordinary Session, as amended by Section 57 of Chapter 111
of the Statutes of 2001, consisting of unencumbered funds and
unliquidated encumbered balances that have not been committed to
specific projects.
(2) $3,915,954 from Section 8 of Chapter 329 of the Statutes of 2000,
consisting of unencumbered funds and unliquidated encumbered
balances that have not been committed to specific projects.
(3) $832,226 from Item 3360-001-0001 of Chapter 106 of the Statutes
of 2001, consisting of unencumbered funds and unliquidated
encumbered balances that have not been committed to specific
projects.
3460-001-0001--For support of Colorado River Board of California .
. . 0
Schedule:
(1) 10-Protection of California's Colorado River Rights and Interests
.
. . 1,170,000
(2) Reimbursements . . . -1,170,000
3480-001-0001--For support of Department of Conservation . . .
3,790,000
Schedule:
(1) 10-Geologic Hazards and Mineral Resources Conservation . . .
26,064,000
(2) 20-Oil, Gas, and Geothermal Resources . . . 14,544,000
(3) 30-Land Resource Protection . . . 3,759,000
(4) 40.01-Administration . . . 10,209,000
(5) 40.02-Distributed Administration . . . -10,209,000
(6) 50-Beverage Container Recycling and Litter Reduction Program . .
. 31,756,000
(7) Reimbursements . . . -8,502,000
(8) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3480-001-0005) .
. . -520,000
(9) Amount payable from the Surface Mining and Reclamation
Account (Item 3480-001-0035) . . . -1,143,000
(10) Amount payable from the State Highway Account, State
Transportation Fund (Item 3480-001-0042) . . . -12,000
(11) Amount payable from the California Beverage Container
Recycling Fund (Item 3480-001-0133) . . . -31,681,000
(12) Amount payable from the Soil Conservation Fund (Item
3480-001-0141) . . . -2,036,000
(13) Amount payable from the Hazardous and Idle-Deserted Well
Abatement Fund (Section 3206, Public Resources Code) . . . -100,000
(14) Amount payable from the Mine Reclamation Account (Item
3480-001-0336) . . . -2,700,000
(15) Amount payable from the Strong Motion Instrumentation and
Seismic Hazards Mapping Fund (Item 3480-001-0338) . . .
-7,966,000
(16) Amount payable from the Federal Trust Fund (Item
3480-001-0890) . . . -1,687,000
(17) Amount payable from the Bosco Keene Renewable Resources
Investment Fund (Item 3480-001-0940) . . . -778,000
(17.5) Amount payable from the Abandoned Mine Reclamation and
Mineral Fund Subaccount, Mine Reclamation Account (Item
3480-001-3025) . . . -400,000
(18) Amount payable from the Oil, Gas, and Geothermal
Administrative Fund (Item 3480-001-3046) . . . -13,624,000
(19) Amount payable from the Agriculture and Open Space Mapping
Subaccount (Item 3480-001-6004) . . . -430,000
(20) Amount payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks and Coastal Protection Fund of 2002 (Item
3480-001-6029) . . . -529,000
(21) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3480-001-6031) . . .
-225,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the Department of Conservation
may borrow sufficient funds, from special funds that otherwise
provide support for the department, to meet cashflow needs due to
delays in collecting reimbursements. Any loan made by the
Department of Finance pursuant to this provision may be made only if
the Department of Conservation has a valid contract or certification
signed by the client agency, which demonstrates that sufficient funds
will be available to repay the loan. All money so transferred shall
be
repaid to the special fund as soon as possible, but not later than
one
year from the date of the loan.
3480-001-0005--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
520,000
3480-001-0035--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Surface Mining and
Reclamation Account . . . 1,143,000
3480-001-0042--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the State Highway
Account, State Transportation Fund . . . 12,000
Provisions:
1. The funds appropriated in this item are for the state's share of
costs
of the California Institute of Technology seismograph network.
3480-001-0133--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the California
Beverage Container Recycling Fund . . . 31,681,000
3480-001-0141--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Soil Conservation
Fund . . . 2,036,000
3480-001-0336--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Mine Reclamation
Account . . . 2,700,000
3480-001-0338--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Strong Motion
Instrumentation and Seismic Hazards Mapping Fund . . . 7,966,000
3480-001-0890--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Federal Trust Fund
. . . 1,687,000
3480-001-0940--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Bosco Keene
Renewable Resources Investment Fund . . . 778,000
3480-001-3025--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Abandoned Mine
Reclamation and Minerals Fund Subaccount, Mine Reclamation
Account . . . 400,000
3480-001-3046--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Oil, Gas, and
Geothermal Administrative Fund . . . 13,624,000
3480-001-6004--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Agriculture and
Open Space Mapping Subaccount . . . 430,000
3480-001-6029--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection
Fund of 2002 . . . 529,000
3480-001-6031--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . .
. 225,000
3480-101-6029--For local assistance, Department of Conservation,
payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 12,000,000
Provisions:
1. The funds appropriated in this item shall be available for
expenditure until June 30, 2007.
3480-101-6031--For local assistance, Department of Conservation,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 3,000,000
Provisions:
1. The funds appropriated in this item shall be available for
expenditure until June 30, 2007.
3480-295-0001--For local assistance, Department of Conservation,
for reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased
level of service of an existing program mandated by statute or
executive order, for disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.113.175-Mineral resources policies (Ch. 1131, Stats. 1975)
. . . 0
Provisions:
1. Pursuant to Section 17581 of the Government Code, the mandate
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Mineral resources policies (Ch. 1131, Stats. 1975)
3540-001-0001--For support of Department of Forestry and Fire
Protection . . . 353,739,000
Schedule:
(1) 100000-Personal services . . . 417,015,000
(2) 300000-Operating expenses and equipment . . . 224,910,000
(3) Reimbursements . . . -170,075,000
(4) Less funding provided by capital outlay . . . -1,063,000
(5) Amount payable from the General Fund (Item 3540-006-0001) . . .
-70,000,000
(6) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3540-001-0005) .
. . -241,000
(7) Amount payable from the State Emergency Telephone Number
Account (Item 3540-001-0022) . . . -1,622,000
(8) Amount payable from the Unified Program Account (Item
3540-001-0028) . . . -311,000
(9) Amount payable from the State Fire Marshal Licensing and
Certification Fund (Item 3540-001-0102) . . . -1,884,000
(10) Amount payable from the California Environmental License Plate
Fund (Item 3540-001-0140) . . . -395,000
(11) Amount payable from the California Fire and Arson Training
Fund (Item 3540-001-0198) . . . -1,583,000
(12) Amount payable from the Hazardous Liquid Pipeline Safety Fund
(Item 3540-001-0209) . . . -2,227,000
(13) Amount payable from the Public Resources Account, Cigarette
and Tobacco Products Surtax Fund (Item 3540-001-0235) . . .
-386,000
(14) Amount payable from the Professional Forester Registration
Fund (Item 3540-001-0300) . . . -192,000
(15) Amount payable from the Federal Trust Fund (Item
3540-0010890) . . . -26,108,000
(15.5) Amount payable from the Forest Resources Improvement Fund
(Item 3540-001-0928) . . . -850,000
(15.7) Amount payable from the Renewable Resources Investment
Fund (Item 3540-001-0940) . . . -3,498,000
(16) Amount payable from the Timber Tax Fund (Item
3540-001-0965) . . . -30,000
(18.5) Amount payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund (Item
3540-001-6029) . . . -7,481,000
(19) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3540-001-6031) . . .
-240,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Finance may authorize the temporary or permanent redirection of
funds from this item for purposes of emergency fire suppression and
detection costs and related emergency refutation costs.
3540-001-0005--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund . . . 241,000
3540-001-0022--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
State Emergency Telephone Number Account . . . 1,622,000
Provisions:
1. Notwithstanding any other provision of law, moneys in this item
shall be available for the Computer Aided Dispatch system.
3540-001-0028--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Unified Program Account . . . 311,000
3540-001-0102--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
State Fire Marshal Licensing and Certification Fund . . . 1,884,000
3540-001-0140--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
California Environmental License Plate Fund . . . 395,000
3540-001-0198--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
California Fire and Arson Training Fund . . . 1,583,000
3540-001-0209--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Hazardous Liquid Pipeline Safety Fund . . . 2,227,000
3540-001-0235--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Public Resources Account, Cigarette and Tobacco Products Surtax
Fund . . . 386,000
3540-001-0300--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Professional Forester Registration Fund . . . 192,000
3540-001-0890--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Federal Trust Fund . . . 26,108,000
Provisions:
1. Any federal funds that may become available in addition to the
funds appropriated in this item for emergency fire suppression are
exempt from Section 28.00 of this act.
3540-001-0928--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Forest Resources Improvement Fund . . . 850,000
3540-001-0940--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Bosco-Keene Renewable Resources Investment Fund . . . 3,498,000
3540-001-0965--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Timber Tax Fund . . . 30,000
3540-001-6029--For support of the Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Fund . . . 7,481,000
Provisions:
1. Of the funds appropriated in this item, $600,000 is provided to
the
California Conservation Corps through reimbursements available
from contract recipients awarded funding under the Sierra Nevada
Fuel Management Program by the Department of Forestry and Fire
Protection from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund. To facilitate this
funding to the California Conservation Corps, the Department of
Forestry and Fire Protection shall give priority to those contract
applicants that propose including the California Conservation Corps
in the implementation of their contracts and that meet criteria
established by the Department of Forestry and Fire Protection for
projects funded by the Sierra Nevada Fuel Management Program.
2. Of the funds appropriated in this item, $25,000 shall be provided
to
the California Conservation Corps for prescribed fire activities
under
the direction of the Department of Forestry and Fire Protection.
3540-001-6031--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Water Security, Clean Drinking Water, Coastal and Beach Protection
Fund of 2002. . . . 240,000
3540-003-0001--For support of Department of Forestry and Fire
Protection for rental payments on lease-revenue bonds . . . 2,013,000
Schedule:
(1) Base Rental and Fees . . . 2,926,000
(2) Insurance . . . 26,000
(3) Reimbursements . . . -939,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
3540-006-0001--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001 . . . 70,000,000
Provisions:
1. The funds appropriated in this item shall be available for
emergency fire suppression and detection costs and related emergency
revegetation costs and may be used for these purposes to reimburse
the main support appropriation (Item 3540-001-0001) only upon
approval by the Department of Finance.
2. The Director of Forestry and Fire Protection shall furnish
quarterly
reports on expenditures for emergency fire suppression activities to
the Director of Finance, the Chairperson of the Joint Legislative
Budget Committee, and the fiscal and appropriate policy committees
of each house. The Director of Finance may authorize expenditures in
excess of the amount appropriated in this item by an amount necessary
to fund emergency fire suppression costs. This authorization shall
occur not less than 30 days after the receipt by the Legislature of
the
quarterly expenditure report from the Department of Forestry and Fire
Protection.
3540-101-0005--For local assistance, Department of Forestry and
Fire Protection, payable from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Fund . . . 1,175,000
3540-295-0001--For local assistance, Department of Forestry and
Fire Protection, for reimbursement, in accordance with the provisions
of Section 6 of Article XIII B of the California Constitution or
Section
17561 of the Government Code, of the cost of any new program or
increased level of service of an existing program mandated by statute
or executive order, for disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.118.892-Very High Fire Hazard Severity Zones (Ch. 1188,
Stats. 1992) . . . 0
Provisions:
1. Pursuant to Section 17581 of the Government Code, the mandate
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of the provision is
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) 98.01.118.892-Very High Fire Hazard and Severity Zones (Ch.
1188, Stats. 1992)
3540-301-0001--For capital outlay, Department of Forestry and Fire
Protection, payable from the General Fund . . . 3,356,000
Schedule:
(3) 30.10.125-Mendocino Ranger Unit Headquarters: Replace
Automotive Shop--Acquisition . . . 1,000,000
(4) 30.10.255-Mt. St. Helena: Communication Facility:
Renovation--Preliminary plans, working drawings, and construction .
. . 500,000
(7) 30.30.175-Owens Valley Conservation Camp: Construct Facility
Upgrades--Construction . . . 1,856,000
Provisions:
2. The funds appropriated in Schedule (4) of this item include
funding
for construction and pre-construction activities, including, but not
limited to, study, environmental documents, preliminary plans,
working drawings, equipment, and other costs relating to the design
and construction of facilities that may be performed by the
Department
of Forestry and Fire Protection, subject to approval by the
Department
of Finance. While the Department of Forestry and Fire Protection may
manage the project, the project is subject to the review by the State
Public Works Board.
3540-301-0660--For capital outlay, Department of Forestry and Fire
Protection, payable from the Public Buildings Construction Fund . . .
11,960,000
Schedule:
(0.5) 30.10.015-Ukiah Forest Fire Station: Replace
Facilities--Working drawings and construction . . . 551,000
(0.6) 30.10.035-Stevens Creek Forest Fire Station: Replace
Facility--Acquisition . . . 175,000
(0.7) 30.10.090-Pacheco Forest Fire Station: Replace
Facility--Acquisition . . . 175,000
(1) 30.20.035-Fort Jones Forest Fire Station: Replace
Facility--Construction . . . 718,000
(2) 30.20.040-Manton Forest Fire Station: Relocate
Facility--Construction . . . 720,000
(3) 30.20.045-Weaverville Forest Fire Station: Relocate
Facility--Construction . . . 581,000
(3.5) 30.30.060-Hemet Ryan Air Attack Base: Relocate
Facility--Construction . . . 834,000
(3.6) 30.30.075-Warner Springs Forest Fire Station: Replace
Facility--Acquisition . . . 175,000
(3.7) 30.30.150-Nipomo Forest Fire Station: Replace
Facility--Acquisition . . . 175,000
(3.8) 30.30.160-South Operations Area Headquarters: Relocate
Facility--Acquisition, working drawings, and construction . . .
3,062,000
(4) 30.30.165-Cuyamaca Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings and construction . . .
3,339,000
(4.5) 30.40.015-Sonora Forest Fire Station: Relocate
Facility--Construction . . . 626,000
(5) 30.40.120-Dew Drop Forest Fire Station: Replace
Facility--Acquisition . . . 50,000
(6) 30.40.145-Bautista Conservation Camp: Replace Modular
Buildings--Preliminary plans, working drawings, and construction . .
.
779,000
Provisions:
1. The State Public Works Board may issue leaserevenue bonds,
notes, or bond anticipation notes pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b of Division 3 of Title 2 of the
Government Code to finance the acquisition, design, and construction
of the projects authorized by this item.
2. The State Public Works Board and the Depart- ment of Forestry and
Fire Protection may obtain interim financing for the project costs
authorized in this item from any appropriate source including, but
not
limited to, the Pooled Money Investment Account pursuant to Sections
16312 and 16313 of the Government Code.
3. The State Public Works Board may authorize the augmentation of
the cost of construction of the project scheduled in this item
pursuant
to the board's authority under Section 13332.11 of the Government
Code. In addition, the State Public Works Board may authorize any
additional amount necessary to establish a reasonable construction
reserve and to pay the cost of financing including the payment of
interest during construction of the project, the costs of financing a
debt
service fund, and the cost of issuance of permanent financing for the
project. This additional amount may include interest payable on any
interim financing obtained.
4. Notwithstanding Section 2.00 of this act, the funds appropriated
by
Schedule (4) of this item shall be available for expenditure during
the
2004-05 fiscal year, except appropriations for working drawings
which shall be available for expenditure until June 30, 2006, and
appropriations for construction which shall be available for
expenditure until June 30, 2009. In addition, the balance of funds
appropriated for construction by Schedule (4) that have not been
allocated, through fund transfer or approval to bid, by the
Department
of Finance on or before June 30, 2007, shall revert as of that date
to
the fund from which the appropriation was made.
5. This department is authorized and directed to execute and deliver
any and all leases, contracts, agreements, or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the scheduled projects.
6. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under the State Building
Construction Act of 1955 (Part 10.5 (commencing with Section
15800) of Division 3 of Title 2 of the Government Code). This
section does not exempt this department from the requirements of the
California Environmental Quality Act. This section is intended to be
declarative of existing law.
7. Preliminary plans for Schedule (4) of this item are not yet
complete. Due to the consistent design and components of this
facility,
and to facilitate the use of the Public Buildings Construction Fund
and
related interim financing from the Pooled Money Investment Account,
this project is au-thorized to the extent the scope and cost for
Schedule
(4) remain consistent with Department of General Services capital
outlay budget package B4CDF3A. Nothing in this provision shall be
construed to limit the Public Works Board's authority pursuant to
Section 13332.11 of the Government Code.
8. Notwithstanding any other provision of law, the funds appropriated
by Schedules (.6), (.7), (3.6), (3.7), and (5) of this item may be
used
to acquire fee acquisition through a purchase option or less than fee
acquisition, through a long-term lease or prepaid long-term lease,
subject to approval by the Department of Finance.
9. Notwithstanding Section 13332.11 of the Government Code, the
State Public Works Board shall not augment the amount provided for
the South Operations Area Headquarters: Relocate Facility project, as
set forth in Schedule (3.8) of this item, in order to replace federal
funds that are identified in Item 3540-301-0890. If an authorized
federal entity determines that the funds identified in Item
3540-301-0890, are only available as payments over time, the State
Public Works Board may authorize an increase in Schedule (3.8) of
this item by the amount necessary to cover the federal government's
share of the project set forth in Schedule (3.8) of this item only
after
the appropriate federal entity enters into a signed agreement to
completely reimburse the State of California for the increased lease
payments attributed to the federal share of the project over a
specified
period of time. The term of the federal payments shall not exceed the
term of the bonds, and the agreement shall be subject to State Public
Works Board approval.
3540-301-0890--For capital outlay, Department of Forestry and Fire
Protection, payable from the Federal Trust Fund . . . 1,709,000
Schedule:
(1) 30.30.160-South Operations Area Headquarters: Relocate
Facili-ty--Acquisition, working draw- ings, and construction . . .
1,709,000
3540-401--Of the amount loaned pursuant to Section 74 of Chapter
741 of the Statutes of 2003, $52,500,000 will not be required to be
repaid.
3540-490--Extension of liquidation period, Department of Forestry
and Fire Protection. Notwithstanding any other provision of law, up
to
two million dollars ($2,000,000) of funds appropriated in Item
3540-001-0001, Budget Act of 2001 for the purpose of converting S-2
aircraft to turbine power shall be available for liquidation until
June
30, 2005.
3540-491--Reappropriation, Department of Forestry and Fire
Protection. The balance of the appropriations provided in the
following citations are reappropriated for the purposes and subject
to
the limitations, unless otherwise specified, provided for by the
appropriations:
0660--Public Buildings Construction Fund
(1) Item 3540-301-0660, Budget Act of 2001 (Ch. 106, Stats. 2001),
as partially reappropriated by Item 3540-490, Budget Act of 2002
(Ch. 379, Stats. 2002) and Item 3540-490, Budget Act of 2003 (Ch.
157, Stats. 2003)
(9) 30.40.120-Dew Drop Forest Fire Station: Replace
Facility--Construction
(2) Item 3540-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002),
as partially reappropriated by Item 3540-490, Budget Act of 2003
(Ch. 157, Stats. 2003)
(1) 30.10.015-Ukiah Forest Fire Station: Replace
Facility--Construction
(3) 30.10.110-Elk Camp Forest Fire Station: Relocate
Facility--Construction
(11) 30.30.120-Fenner Canyon Conservation Camp: Construct
Vehicle Apparatus Building--Construction
(17) 30.40.075-Usona Forest Fire Station: Replace
Facility--Construction
(20) 30.40.145-Bautista Conservation Camp: Replace Modular
Buildings--Preliminary plans, working drawings, and construction
(21) 30.40.195-Altaville Forest Fire Station: Replace
Facility--Working drawings and construction
(3) Item 3540-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003)
(4) 30.40.020-Batterson Forest Fire Station: Relocate
Facility--Working drawings and construction
(6.1) 30.40.120-Dew Drop Forest Fire Station: Replace
Facility--Construction
(8) 30.40.150-Baseline Conservation Camp: Remodel
Facility--Working drawings and construction
3540-496--Reversion, Department of Forestry and Fire Protection.
Notwithstanding any other provision of law, the unencumbered
balances as of June 30, 2004, of the appropriations provided for in
the
following citations shall revert to the fund balance from which the
appropriation was made: 0660--Public Buildings Construction Fund
(1) Item 3540-301-0660, Budget Act of 2001 (Ch. 106, Stats. 2001),
as partially reappropriated by Item 3540-490, Budget Act of 2002
(Ch. 379, Stats. 2002) and Item 3540-490, Budget Act of 2003 (Ch.
157, Stats. 2003)
(1) Owens Valley Conservation Camp: Construct Facility
Upgrades--Construction
3560-001-0001--For support of State Lands Commission . . .
8,856,000
Schedule:
(1) 10-Mineral Resources Management . . . 5,916,000
(2) 20-Land Management . . . 8,207,000
(3) 30.01-Executive and Administration . . . 3,042,000
(4) 30.02-Distributed Administration . . . -3,042,000
(5) 40-Marine Facilities Management . . . 8,196,000
(6) Reimbursements . . . -3,209,000
(7) Amount payable from the Marine Invasive Species Control Fund
(Item 3560-001-0212) . . . -1,886,000
(8) Amount payable from the Oil Spill Prevention and Administration
Fund (Item 3560-001-0320) . . . -7,960,000
(9) Amount payable from the Land Bank Fund (Item 3560-001-0943) .
. . -408,000
Provisions:
1. Notwithstanding subdivision (d) of Section 4 of Chapter 138 of the
Statutes of 1964, 1st Extraordinary Session, all commission costs for
administering the Long Beach Tidelands, exclusive of any Attorney
General charges, shall be included in revenues deposited into the
General Fund pursuant to paragraph (1) of subdivision (a) of Section
6217 of the Public Resources Code.
2. All costs incurred to manage state school lands shall be deducted
from the revenues produced by those lands and deposited into the
General Fund pursuant to Section 24412 of the Education Code.
3560-001-0212--For support of State Lands Commission, for payment
to Item 3560-001-0001, payable from the Marine Invasive Species
Control Fund . . . 1,886,000
3560-001-0320--For support of State Lands Commission, for payment
to Item 3560-001-0001, payable from the Oil Spill Prevention and
Administration Fund . . . 7,960,000
Provisions:
1. Funds appropriated in this item shall not be expended to monitor
or
inspect marine bunkering operations from barges or any marine
lightering operations.
3560-001-0943--For support of State Lands Commission, for payment
to Item 3560-001-0001, payable from the Land Bank Fund . . .
408,000
3600-001-0001--For support of Department of Fish and Game . . .
35,634,000
Schedule:
(1) 20-Biodiversity Conservation Program . . . 196,020,000
(2) 25-Hunting, Fishing and Public Use . . . 43,407,000
(3) 30-Management of Department Lands and Facilities . . .
43,866,000
(4) 40-Conservation Education and Enforcement . . . 49,075,000
(5) 50-Spill Prevention and Response . . . 28,368,000
(6) 70.01-Administration . . . 32,661,000
(7) 70.02-Distributed Administration . . . -32,661,000
(8) Reimbursements . . . -29,059,000
(8.5) Amount payable from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Fund (Item
3600-001-0005) . . . -1,072,000
(9) Amount payable from the California Environmental License Plate
Fund (Item 3600-001-0140) . . . -15,581,000
(10) Amount payable from the Fish and Game Preservation Fund (Item
3600-001-0200) . . . -98,183,000
(11) Amount payable from the Fish and Wildlife Pollution Account
(Item 3600-001-0207) . . . -2,469,000
(12) Amount payable from the California Waterfowl Habitat
Preservation Account, Fish and Game Preservation Fund (Item
3600-001-0211) . . . -217,000
(13) Amount payable from the Exotic Species Control Fund (Item
3600-001-0212) . . . -1,166,000
(14) Amount payable from the Public Resources Account, Cigarette
and Tobacco Products Surtax Fund (Item 3600-001-0235) . . .
-1,500,000
(15) Amount payable from the Oil Spill Prevention and
Administration Fund (Item 3600-001-0320) . . . -20,496,000
(16) Amount payable from the Environmental Enhancement Fund (Item
3600-001-0322) . . . -307,000
(16.5) Amount payable from the Salmon and Steelhead Trout
Restoration Account (Item 3600-001-0384) . . . -6,500,000
(17) Amount payable from the Central Valley Project Improvement
Subaccount (Item 3600-001-0404) . . . -53,000
(17.5) Amount payable from the Marine Life and Marine Reserve
Management Account (Item 3600-001-0647) . . . -500,000
(18) Amount payable from the Federal Trust Fund (Item
3600-001-0890) . . . -63,180,000
(19) Amount payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund (Item
3600-001-6029) . . . -7,996,000
(20) Amount payable from the Water Security Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3600-001-6031) . . .
-74,341,000
(21) Amount payable from the Salton Sea Restoration Fund (Item
3600- 001-8018) . . . -2,482,000
Provisions:
1. The funds appropriated in this item may be increased with the
approval of, and under the conditions set by, the Department of
Finance to meet current obligations proposed to be funded in
Schedules (8) and (18). The funds appropriated by this item shall not
be increased until the Department of Fish and Game has a valid
contract, signed by the client agency, that provides sufficient funds
to
finance the increased authorization. This increased authorization may
not be used to expand services or create new obligations.
Reimbursements received under Schedules (8) and (18) shall be
used in repayment of any funds used to meet current obligations
pursuant to this provision.
3600-001-0005--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
1,072,000
3600-001-0140--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the California
Environmental License Plate Fund . . . 15,581,000
3600-001-0200--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Fish and Game
Preservation Fund . . . 98,183,000
Provisions:
1. Of the funds appropriated in this item, $203,000 is for
reimbursement to the State Department of Health Services for
shellfish monitoring activities.
2. Of the funds appropriated in this item, $4,000,000 shall be
available to continue operations of state fish hatcheries located in
various regions of the state.
3600-001-0207--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Fish and Wildlife
Pollution Account . . . 2,469,000
3600-001-0211--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the California
Waterfowl Habitat Preservation Account, Fish and Game
Preservation Fund . . . 217,000
3600-001-0212--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Exotic Species
Control Fund . . . 1,166,000
3600-001-0235--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Public Resources
Account, Cigarette and Tobacco Products Surtax Fund . . . 1,500,000
3600-001-0320--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Oil Spill
Prevention and Administration Fund . . . 20,496,000
3600-001-0322--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Environmental
Enhancement Fund . . . 307,000
3600-001-0384--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Salmon and
Steelhead Trout Restoration Account . . . 6,500,000
Provisions:
1. Funds appropriated in this item shall be available for salmon and
steelhead trout restoration projects authorized by Section 6217.1 of
the Public Resources Code, including, but not limited to, projects
that
implement the Coho Salmon Recovery Plan recently adopted by the
Fish and Game Commission.
3600-001-0404--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Central Valley
Project Improvement Subaccount . . . 53,000
3600-001-0647--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Marine Life and
Marine Reserve Management Account . . . 500,000
Provisions:
1. The funds appropriated in this item shall be available to match
private funds for expenditure for activities in support of the
protection
and management of marine resources including: (a) facilitated
regional workshops to identify potential sites for marine reserves,
parks, and other protected area candidates, (b) ecological and
socioeconomic studies and data compilation pursuant to the Marine
Life Protection Act, and (c) research, monitoring, and planning
efforts
necessary to meet the goals of the Marine Life Protection Program.
3600-001-0890--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Federal Trust Fund
. . . 63,180,000
3600-001-6029--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 7,996,000
Provisions:
1. Funds appropriated in this item shall be expended pursuant to
Section 6217.1 of the Public Resources Code.
3600-001-6031--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . .
. 74,341,000
3600-001-8018--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Salton Sea
Restoration Fund . . . 2,482,000
3600-011-0001--For support of Department of Fish and Game
(reimbursement of free fishing licenses), for transfer to the Fish
and
Game Preservation Fund . . . 17,000
3600-101-0001--For local assistance, Department of Fish and Game .
. . 600,000
Schedule:
(1) 20-Biodiversity Conservation Program . . . 600,000
3600-101-0207--For local assistance, Department of Fish and Game,
Program 50-Spill Prevention and Response, payable from the Fish
and Wildlife Pollution Account . . . 33,000
3600-101-0320--For local assistance, Department of Fish and Game,
Program 50-Spill Prevention and Response, payable from the Oil
Spill Prevention and Administration Fund . . . 900,000
3600-301-0005--For capital outlay, Department of Fish and Game,
payable from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Fund . . . 203,000
Schedule:
(1) 90.07.100-Minor Projects . . . 203,000
3600-301-0200--For capital outlay, Department of Fish and Game,
payable from the Fish and Game Preservation Fund . . . 457,000
Schedule:
(1) 90.07.100-Minor Projects . . . 397,000
(2) 90.88.020-Project Planning . . . 160,000
(3) Reimbursements-Project Planning . . . -100,000
3600-301-0320--For capital outlay, Department of Fish
and Game, payable from the Oil Spill Prevention and Administration
Fund . . . 473,000
Schedule:
(1) 90.07.100-Minor Projects . . . 473,000
3640-001-0001--For support of Wildlife Conservation Board,
payable to Item 3640-001-0447 . . . 193,000
3640-001-0140--For support of Wildlife Conservation Board,
payable to Item 3640-001-0447, from the California Environmental
License Plate Fund . . . 210,000
3640-001-0262--For support of Wildlife Conservation Board,
payable
to Item 3640-001-0447, from the Habitat Conservation Fund .
. . 374,000
Provisions:
1. The amount appropriated in this item shall be available to the
Wildlife Conservation Board for administrative costs associated with
the California Wildlife Protection Act of 1990, and the requirements
of the Habitat Conservation Fund.
3640-001-0447--For support of Wildlife Conservation Board,
payable from the Wildlife Restoration Fund . . . 978,000
Schedule:
(1) 10-Wildlife Conservation Board . . . 5,888,000
(2) Amount payable from the General Fund (Item 3640-001-0001) . . .
-193,000
(3) Amount payable from the California Environmental License Plate
Fund (Item 3640-001-0140) . . . -210,000
(4) Amount payable from the Habitat Conservation Fund (Item
3640-001-0262) . . . -374,000
(5) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3640-001-6029) . . . -439,000
(6) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3640-001-6031) . . .
-3,694,000
Provisions:
1. Of the funds appropriated by this act from the General Fund,
special funds, or bond funds to the Wildlife Conservation Board for
local assistance or capital outlay, upon approval of the Department
of
Finance, the board may allocate an amount not to exceed 1.5 percent
of each project's allocation to provide for the board's costs to
administer the projects.
3640-001-6029--For support of Wildlife Conservation Board, for
payment to Item 3640-001-0447, from the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond
Fund . . . 439,000
3640-001-6031--For support of Wildlife Conservation Board,
payable to Item 3640-001-0447, from the Water Security, Clean
Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
3,694,000
3640-301-0262--For capital outlay, Wildlife Conservation Board,
payable from the Habitat Conservation Fund . . . 20,577,000
Schedule:
(1) 80.10-Wildlife Conservation Board Projects (Unscheduled) . . .
20,577,000
Provisions:
1. The funds appropriated in this item are provided in accordance
with the Wildlife Conservation Law of 1947 and, therefore, shall not
be subject to Public Works Board review.
2. The amount appropriated in this item is available for expenditure
for capital outlay or local assistance until June 30, 2007.
3640-301-0447--For capital outlay, Wildlife Conservation Board,
payable from the Wildlife Restoration Fund, in lieu of the
appropriation made by the Wildlife Conservation Law of 1947 . . .
500,000
Schedule:
(1) 80.10.010-Minor Projects . . . 500,000
Provisions:
1. The funds appropriated in this item are provided in accordance
with the provisions of the Wildlife Conservation Law of 1947 and,
therefore, shall not be subject to Public Works Board review.
2. The amount appropriated in this item is available for expenditure
for capital outlay or local assistance.
3640-301-6031--For capital outlay, Wildlife Conserva- tion Board,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 13,250,000
Schedule:
(1) 80.10.440-Colorado River Acquisi- tion, Protection and
Restoration Program . . . 13,250,000
Provisions:
1. The funds in this item are provided in accordance with the
Wildlife
Conservation Law of 1947 and, therefore, are not subject to review by
the State Public Works Board.
2. The amount appropriated in this item is available for expenditure
for capital outlay or local assistance until June 30, 2007.
3640-302-6029--For capital outlay, Wildlife Conservation Board,
payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 11,000,000
Schedule:
(1) 80.10.603.000-San Joaquin River Conservancy--Project and
acquisition . . . 12,000,000
(2) Reimbursements . . . -1,000,000
Provisions:
1. The funds in this item are provided in accordance with the
Wildlife
Conservation Law of 1947 and, therefore, are not subject to review by
the State Public Works Board.
2. The amount appropriated in this item is available for expenditure
for capital outlay or local assistance until June 30, 2007.
3. The funds appropriated in this item shall be allocated to the San
Joaquin River Conservancy for purposes consistent with the
conservancy's mission.
3640-311-6031--For transfer by the Controller from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund
of 2002 to the Habitat Conservation Fund . . . 21,000,000
Provisions:
1. The funds transferred in this item shall be used for purposes
consistent with the requirements of the Habitat Conservation Fund
and the requirements of Section 79565 of the Water Code.
2. The amounts transferred by this item may be adjusted to reflect
the
requirements of subdivision (a) of Section 2796 of the Fish and Game
Code.
3640-401--Notwithstanding any other provision of law, revenues that
would have been deposited in the Resources Trust Fund pursuant to
Section 6217 of the Public Resources Code shall be allocated in the
following order:
(a) $500,000 shall be deposited into the Marine Life and Marine
Reserve Management Account for appropriation to the Department of
Fish and Game for activities relating to the Marine Life Protection
Act.
(b) $165,000,000 shall be deposited into the General Fund for the
2004-05 fiscal year.
(c) To the extent that revenues are received in addition to those
specified in subdivisions (a) and (b), they shall be allocated in the
following order, as funds are available:
(1) (A) $12,700,000 shall be deposited into the Natural Resources
Infrastructure Fund for appropriation as follows:
(i) $2,700,000 to the Department of Parks and Recreation for the City
of Los Angeles to fund priority parks renovation, restoration,
improvement, and deferred maintenance.
(ii) $10,000,000 to the Secretary for Resources for various projects
authorized pursuant to the California Ocean Protection Act, only if
established by legislation to be enacted in the 2003-04 Regular
Session.
(B) In the event that sufficient revenues are not realized to
fund the
purposes listed in subparagraph (A) of this paragraph, the Department
of Finance shall allocate available funds in a manner that is
proportionally equitable to the amounts specified for the purposes
listed in this paragraph.
(2) $6,500,000 shall be deposited into the Salmon and Steelhead
Trout Restoration Account for salmon and steelhead trout restoration
projects authorized by Section 6217.1 of the Public Resources Code,
including, but not limited to, projects that implement the Coho
Salmon
Recovery Plan recently adopted by the Fish and Game Commission.
(2.5) $2,500,000 shall be deposited into the Water Rights Fund for
environmental review by the State Water Resources Control Board of
the "Guidelines for Maintaining Instream Flows to Protect Fisheries
Resources Downstream of Water Diversions in Mid-California
Coastal Streams."
(3) $4,000,000 shall be deposited into the Fish and Game
Preservation Fund to continue operation of state fish hatcheries
located in various regions of the state.
(4) Any revenues remaining after expenditure for the purposes
specified in paragraphs (1), (2), (2.5), and (3), shall be deposited
in
the General Fund.
3680-001-0516--For support of Department of Boating and
Waterways, payable from the Harbors and Watercraft Revolving Fund
. . . 15,103,000
Schedule:
(1) 10-Boating Facilities . . . 14,700,000
(2) 20-Boating Operations . . . 6,230,000
(3) 30-Beach Erosion Control . . . 233,000
(4) 40.01-Administration . . . 2,356,000
(5) 40.02-Distributed Administration . . . -2,356,000
(6) Reimbursements . . . -15,000
(7) Amount payable from the Federal Trust Fund (Item
3680-001-0890) . . . -5,893,000
(8) Less funding provided by capital outlay . . . -152,000
Provisions:
1. Notwithstanding Section 85.2 of the Harbors and Navigation Code,
$233,000 of the funds appropriated in this item shall be expended for
support of the Department of Boating and Waterways beach erosion
control program.
3680-001-0890--For support of Department of Boating and
Waterways, for payment to Item 3680-001-0516, payable from the
Federal Trust Fund . . . 5,893,000
3680-101-0516--For local assistance, Department of Boating and
Waterways, payable from the Harbors and Watercraft Revolving Fund
. . . 39,096,000
Schedule:
(1) 10-Boating Facilities . . . 32,239,000
(a) Launching Facility Grants . . . (10,996,000)
(1) Antioch Marine BLF . . . (280,000)
(2) Cuttings Wharf . . . (197,000)
(3) Dana Point BLF . . . (200,000)
(4) Floating Restrooms . . . (500,000)
(5) Lake Elsinore . . . (2,200,000)
(6) Lake Ming BLF . . . (1,373,000)
(7) Lopez Lake BLF . . . (83,000)
(8) Nacimiento . . . (1,048,000)
(9) Oyster Point Marina BLF . . . (83,000)
(10) Pepper Park BLF . . . (103,000)
(11) Port San Luis BLF . . . (1,409,000)
(12) Ramp Repair and Extensions . . . (500,000)
(13) San Leandro Marina BLF . . . (1,670,000)
(14) Shelter Island BLF . . . (200,000)
(15) Signs . . . (50,000)
(16) Vessels Pumpout . . . (100,000)
(17) Reimbursement Grants . . . (1,000,000)
(b) Public Small Craft Harbor Loans . . . (16,500,000)
(1) Alamitos Bay-Basin 1 . . . (500,000)
(2) Long Beach Downtown Marinas . . . (6,850,000)
(3) Dana Point Marina . . . (1,500,000)
(4) Sacramento Marina . . . (5,150,000)
(5) San Francisco Marina . . . (1,500,000)
(6) Long Beach Basins 2 and 3 . . . (500,000)
(7) Emergency Loans . . . (500,000)
(c) Private Loans . . . (3,500,000)
(d) Clean Vessel Act Grant Program . . . (843,000)
(e) Boating Trails . . . (300,000)
(f) Boating Infrastructure Grant Program . . . (100,000)
(2) 20-Boating Operations . . . 9,575,000
(3) 30-Beach Erosion Control . . . 1,000,000
(4) Reimbursements . . . -1,000,000
(5) Amount payable from the Abandoned Watercraft Abatement Fund
(Item 3680-101-0577) . . . -500,000
(6) Amount payable from the Federal Trust Fund (Item
3680-101-0890) . . . -2,218,000
Provisions:
1. Of the funds appropriated in Schedule (2), Program 20-Boating
Operations, $8,100,000 is for boating safety and enforcement
programs pursuant to Section 663.7 of the Harbors and Navigation
Code.
3680-101-0577--For local assistance, Department of Boating and
Waterways, for payment to Item 3680-101-0516, payable from the
Abandoned Watercraft Abatement Fund . . . 500,000
3680-101-0890--For local assistance, Department of Boating and
Waterways, for payment to Item 3680-101-0516, payable from the
Federal Trust Fund . . . 2,218,000
Provisions:
1. Of the amount appropriated in this item, $975,000 shall be for
grants to local governments for boating safety and law enforcement,
15 percent of which shall be allocated according to the department's
discretion, and 85 percent of which shall be allocated by the
department in accordance with the following priorities:
First--To local governments that are eligible for state aid because
they are spending all their local boating revenue on boating
enforcement and safety, but are not receiving sufficient state funds
to
meet their need as calculated pursuant to Section 663.7 of the
Harbors
and Navigation Code.
Second--To local governments that are not spending all local
boating
revenue on boating en-forcement and safety, and whose boating
revenue does not equal their calculated need. Local assistance shall
not exceed the difference between the calculated need and local
boating revenue.
Third--To local governments whose boating revenue exceeds their
need, but who are not spending sufficient local revenue to meet
their
calculated need.
3680-301-0516--For capital outlay, Department of Boating and
Waterways, payable from the Harbors and Watercraft Revolving Fund
. . . 2,288,000
Schedule:
(1) 50.99.010-Project Planning . . . 80,000
(2) 50.99.020-Minor Projects . . . 2,208,000
Provisions:
1. Funds appropriated in Schedule (1) are available for expenditure
by the Department of Boating and Waterways upon approval of the
Department of Finance to be used to develop design information or
cost information for new construction projects for which funds have
not been appropriated previously but which are anticipated to be
included in the Governor's Budget for the 2005-06 or 2006-07 fiscal
year.
3680-490--Reappropriation, Department of Boating and Waterways.
The balance of the appropriation provided in the following citation
is
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in that appropriation:
0516--Harbors and Watercraft Revolving Fund
(1) Item 3680-301-0516, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 3680-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(5) 50.56.010-Channel Islands: Boating Instruction and Safety
Center--Working drawings
3680-496--Reversion, Department of Boating and Waterways.
Notwithstanding any other provision of law, the unencumbered
balances as of June 30, 2004, of the appropriations provided for in
the
following citations shall revert to the fund balance from which the
appropriation was made:
0516--Harbors and Watercraft Revolving Fund
(1) Item 3680-301-0516, Budget Act of 2003 (Ch. 157, Stats. 2003)
(1) 50.19.040-Castaic Lake, East Ramp Boat Launching Facility
Rehabilitation and Expansion--Preliminary plans
(2) 50.24.040-San Luis Creek, Boat Launching Facility Rehabilitation
and Expansion--Preliminary plans
(3) 50.30.040-Brannan Island SRA, Boat Launching Facility and
Rehabilitation--Working drawings and construction
(4) 50.34.031-Lake Natoma: Boating Instruction and Safety Center,
Phase II--Working drawings
(5) 50.36.010-Silverwood Lake: Boat Facility Renovation--Working
drawings
(2) Item 3680-301-0516, Budget Act of 2000 (Ch. 52, Stats. 2000), as
partially reappropriated by Item 3680-490, Budget Act of 2001, (Ch.
106, Stats. 2001) and Item 3680-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(2) 50.10.010-Millerton Lake SRA, Crows Nest Area: Boat
Launching Facility--Construction
3720-001-0001--For support of California Coastal Commission . . .
9,386,000
Schedule:
(1) 10-Coastal Management Program . . . 13,289,000
(2) 20-Coastal Energy Program . . . 770,000
(3) 30.01-Administration . . . 1,528,000
(4) 30.02-Distributed Administration . . . -1,447,000
(5) Reimbursements . . . -1,214,000
(6) Amount payable from California Beach and Coastal Enhancement
Account (Item 3720-001-0371) . . . -557,000
(7) Amount payable from the Federal Trust Fund (Item
3720-001-0890) . . . -2,983,000
3720-001-0371--For support of California Coastal Commission, for
payment to Item 3720-001-0001, payable from the California Beach
and Coastal Enhancement Account, California Environmental License
Plate Fund . . . 557,000
3720-001-0890--For support of California Coastal Commission, for
payment to Item 3720-001-0001, payable from the Federal Trust Fund
. . . 2,983,000
3720-101-0371--For local assistance, California Coastal
Commission, payable from California Beach and Coastal
Enhancement Account, California Environmental License Plate Fund .
. . 789,000
Schedule:
(1) 10-Coastal Management Program . . . 789,000
3720-295-0001--For local assistance, California Coastal
Commission, for reimbursement, in accordance with the provisions of
Section 6 of Article XIII B of the California Constitution or Section
17561 of the Government Code, of the costs of any new program or
increased level of service of an existing program mandated by statute
or executive order, for disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.133.076-Local coastal plans (Ch. 1330, Stats. 1976) . . . 0
Provisions:
1. Pursuant to Section 17581 of the Government Code, the mandate
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
is
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Local coastal plans (Ch. 1330, Stats. 1976)
3760-001-0005--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
1,355,000
3760-001-0565--For support of State Coastal Conservancy, payable
from the State Coastal Conservancy Fund . . . 4,680,000
Schedule:
(1) 15-Coastal Resource Development . . . 4,524,000
(2) 25-Coastal Resource Enhancement . . . 3,241,000
(3) 90.01-Administration and Support . . . 2,897,000
(4) 90.02-Distributed Administration . . . -2,897,000
(5) Reimbursements . . . -116,000
(6) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3760-001-0005) .
. . -1,355,000
(7) Amount payable from the Federal Trust Fund (Item
3760-0010890) . . . -120,000
(8) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3760-001-6029) . . . -851,000
(9) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3760-001-6031) . . .
-643,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the State Coastal Conservancy
may borrow sufficient funds from the State Coastal Conservancy Fund
to meet cashflow needs due to delays in collecting reimbursements.
Any loan made by the Department of Finance pursuant to this
provision may be made only if the State Coastal Conservancy has a
valid contract or certification signed by the agency providing the
reimbursements, which demonstrates that sufficient funds will be
available to repay the loan. All moneys so transferred shall be
repaid
to the State Coastal Conservancy Fund as soon as possible, but not
later than one year from the date of the loan.
2. Of the funds appropriated by this act from the General Fund,
special funds, or bond funds to the State Coastal Conservancy for
local assistance or capital outlay, upon approval of the Department
of
Finance, the conservancy may allocate an amount not to exceed 1.5
percent of each project's allocation to provide for the department's
costs to administer the projects.
3760-001-0890--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, payable from the Federal Trust Fund
. . . 120,000
3760-001-6029--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, from the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund . . .
851,000
3760-001-6031--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . .
. 643,000
3760-301-0005--For capital outlay, State Coastal Conservancy,
payable from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Fund . . . 10,000,000
Schedule:
(1) 80.97.030-Conservancy Programs . . . 10,500,000
(2) Reimbursements . . . -500,000
Provisions:
1. The funds appropriated in this item are conditioned upon all of
the
following:
(a) The State Coastal Conservancy may not enter into a grant contract
with a nonprofit organization or local government for property
acquisition unless the grant contract provides a reversionary
interest
to the state that specifies that the property shall not revert to the
state
without review and approval by the State Coastal Conservancy and
the State Public Works Board.
(b) The State Coastal Conservancy may not enter into a grant contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate public agencies and nonprofit organizations shall be exempt
from State Public Works Board review.
2. The funds appropriated in this item are available for encumbrance
for either capital outlay or local assistance until June 30, 2007.
3760-301-0262--For capital outlay, State Coastal Conservancy,
payable from the Habitat Conservation Fund . . . 4,000,000
Schedule:
(1) 80.93.025-Coastal Resource Enhancement . . . 4,300,000
(2) Reimbursements . . . -300,000
Provisions:
1. (a) The State Coastal Conservancy shall not enter into a grant
contract with a nonprofit organization or local government for
property acquisition unless the grant contract provides a
reversionary
interest to the state that specifies that the property shall not
revert to
the state without review and approval by the State Coastal
Conservancy and the State Public Works Board.
(b) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate public agencies and nonprofit organizations shall be exempt
from State Public Works Board review.
2. The funds appropriated in this item are available for encumbrance
for either capital outlay or local assistance without regard to
fiscal
year.
3. Notwithstanding any other provision of law, upon approval and
order of the Department of Finance, the State Coastal Conservancy
may borrow sufficient funds from the State Coastal Conservancy Fund
to meet cashflow needs due to delays in collecting reimbursements.
Any loan made by the Department of Finance pursuant to this
provision may be made only if the State Coastal Conservancy has a
valid contract or certification signed by the agency providing the
reimbursements, which demonstrates that sufficient funds will be
available to repay the loan. All moneys so transferred shall be
repaid
to the State Coastal Conservancy Fund as soon as possible, but not
later than one year from the date of the loan.
3760-301-0371--For capital outlay, State Coastal Conservancy,
payable from the California Beach and Coastal Enhancement Account,
California Environmental License Plate Fund . . . 400,000
Schedule:
(1) 80.00.020-Public Access . . . 400,000
Provisions:
1. (a) The State Coastal Conservancy may not enter into a grant
contract with a nonprofit organization or local government for
property acquisition unless the grant contract provides a
reversionary
interest to the state that specifies that the property shall not
revert to
the state without review and approval by the State Coastal
Conservancy and the State Public Works Board.
(b) The State Coastal Conservancy may not enter into a grant contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditure of funds for grants to
nonstate public agencies and nonprofit organizations is exempt from
State Public Works Board review.
2. The funds appropriated in this item are available for encumbrance
for either capital outlay or local assistance until June 30, 2007.
3760-301-0565--For capital outlay, State Coastal Conservancy,
payable from the State Coastal Conservancy Fund . . . 100,000
Schedule:
(1) 80.00.020-Public Access . . . 100,000
Provisions:
1. (a) The State Coastal Conservancy may not enter into a grant
contract with a nonprofit organization or local government for
property acquisition unless the grant contract provides a
reversionary
interest to the state that specifies that the property shall not
revert to
the state without review and approval by the State Coastal
Conservancy and the State Public Works Board.
(b) The State Coastal Conservancy may not enter into a grant contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditure of funds for grants to
nonstate public agencies and nonprofit organizations is exempt from
State Public Works Board review.
2. The funds appropriated in this item are available for encumbrance
for either capital outlay or local assistance until June 30, 2007.
3760-301-0593--For capital outlay, State Coastal Conservancy,
payable from the Coastal Access Account, State Coastal Conservancy
Fund . . . 400,000
Schedule:
(1) 80.00.020-Public Access . . . 400,000
Provisions:
1. (a) The State Coastal Conservancy may not enter into a grant
contract with a nonprofit organization or local government for
property acquisition unless the grant contract provides a
reversionary
interest to the state that specifies that the property shall not
revert to
the state without review and approval by the State Coastal
Conservancy and the State Public Works Board.
(b) The State Coastal Conservancy may not enter into a grant contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditure of funds for grants to
nonstate public agencies and nonprofit organizations is exempt from
State Public Works Board review.
2. The funds appropriated in this item are available for encumbrance
for either capital outlay or local assistance until June 30, 2007.
3760-301-0890--For capital outlay, State Coastal Conservancy,
payable from the Federal Trust Fund . . . 2,000,000
Schedule:
(1) 80.97.030-Conservancy Programs . . . 2,000,000
Provisions:
1. (a) The State Coastal Conservancy shall not enter into a grant
contract with a nonprofit organization or local government for
property acquisition unless the grant contract provides a
reversionary
interest to the state that specifies that the property shall not
revert to
the state
without review and approval by the State Coastal
Conservancy and the State Public Works Board.
(b) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate public agencies and nonprofit organizations shall be exempt
from State Public Works Board review.
2. The funds appropriated in this item are available for encumbrance
for either capital outlay or local assistance until June 30, 2007.
3760-301-6029--For capital outlay, State Coastal Conservancy,
payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 26,400,000
Schedule:
(1) 80.00.023-San Francisco Bay Conservancy Program . . .
6,900,000
(1.5) 80.97.030-Conservancy Programs . . . 20,000,000
(2) Reimbursements . . . -500,000
Provisions:
1. (a) The State Coastal Conservancy shall not enter into a grant
contract with a nonprofit organization or local government for
property acquisition unless the grant contract provides a
reversionary
interest to the state that specifies that the property shall not
revert to
the state without review and approval by the State Coastal
Conservancy and the State Public Works Board.
(b) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate public agencies and nonprofit organizations shall be exempt
from State Public Works Board review.
2. The amount appropriated in this item is available for encumbrance
for either capital outlay or local assistance until June 30, 2007.
3760-301-6031--For capital outlay, State Coastal Conservancy,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 32,200,000
Schedule:
(0.5) 80.02.032-Watershed, Water Quality Protection, and
Enhancement Program . . . 32,200,000
(1) 80.97.030-Conservancy Programs . . . 500,000
(2) Reimbursements . . . -500,000
Provisions:
1. The amount appropriated in this item is available for encumbrance
for either capital outlay or local assistance until June 30, 2007.
2. The funds appropriated in this item are conditioned upon all of
the
following:
(a) The State Coastal Conservancy may not enter into a grant contract
with a nonprofit organization or local government for property
acquisition unless the grant contract provides a reversionary
interest
to the state that specifies that the property shall not revert to the
state
without review and approval by the State Coastal Conservancy and
the State Public Works Board.
(b) The State Coastal Conservancy may not enter into a grant contract
with a nonprofit organization or local government for property
acquisition that provides for a state leasehold interest in property
acquired by a nonstate public agency with grant funds of the State
Coastal Conservancy unless the Director of General Services
approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate public agencies and nonprofit organizations shall be exempt
from State Public Works Board review.
3760-311-6031--For transfer by the Controller from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund
of 2002 to the Habitat Conservation Fund . . . 1,348,000
Provisions:
1. The funds transferred in this item shall be used for purposes
consistent with the requirements of the Habitat Conservation Fund and
the requirements of subdivision (a) of Section 79570 of the Water
Code.
2. The amounts transferred by this item may be adjusted to reflect
the
requirements of subdivision (a) of Section 2796 of the Fish and Game
Code.
3760-490--Reappropriation, State Coastal Conservancy. The balance
of the appropriations provided in the following citations are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in those appropriations, and shall
be available for encumbrance or expenditure until June 2006.
0005--Safe Neighborhood Parks, Clean Water, and Coastal Protection
Bond Fund
(1) Item 3760-302-0005, Budget Act of 2000 (Ch. 52, Stats. 2000)
(2) 80.97.030-Conservancy Programs
(B) Ballona Wetlands
(2) Item 3760-301-0005, Budget Act of 2001 (Ch. 106, Stats. 2001)
(7) 80.01.030-Laguna Coast Wilderness Park
Provisions:
1. The funds appropriated by subdivision (g) of Section 5096.352 of
the Public Resources Code may be used pursuant to Division 21
(commencing with Section 31000) of the Public Resources Code to
undertake projects for the South Coast Wilderness System of coastal
canyons and watersheds in south Orange County, including, but not
limited to, properties in Laguna Coast Wilderness Park and Aliso and
Woods Canyons Wilderness Park.
3780-001-0001--For support of Native American Heritage
Commission . . . 516,000
Schedule:
(1) 10-Native American Heritage Commission . . . 521,000
(2) Reimbursements . . . -5,000
3790-001-0001--For support of Department of Parks and Recreation .
. . 82,316,000
Schedule:
(1) For support of the Department of Parks and Recreation . . .
323,643,000
(2) Reimbursements . . . -33,887,000
(3) Less funding provided by capital outlay . . . -4,190,000
(4) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3790-001-0005) .
. . -12,441,000
(5) Amount payable from the California Environmental License Plate
Fund (Item 3790-001-0140) . . . -1,637,000
(6) Amount payable from the Public Resources Account, Cigarette and
Tobacco Products Surtax Fund (Item 3790-001-0235) . . .
-10,729,000
(7) Amount payable from the Off-Highway Vehicle Trust Fund (Item
3790-001-0263) . . . -37,818,000
(8) Amount payable from the State Parks and Recreation Fund (Item
3790-001-0392) . . . -117,079,000
(9) Amount payable from the Winter Recreation Fund (Item
3790-001-0449) . . . -342,000
(10) Amount payable from the Harbors and Watercraft Revolving
Fund (Item 3790-001-0516) . . . -701,000
(11) Amount payable from the Federal Trust Fund (Item
3790-001-0890) . . . -3,527,000
(11.5) Amount payable from the California Main Street Program Fund
(Item 3790-001-3077) . . . -175,000
(12) Amount payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund (Item
3790-001-6029) . . . -18,343,000
(13) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3790-001-6031) . . .
-458,000
Provisions:
1. Of the funds appropriated by this act from the General Fund and
special funds, other than the Off-Highway Vehicle Trust Fund and
bond funds, to the Department of Parks and Recreation for local
assistance grants to local agencies, the department may allocate an
amount not to exceed 1.5 percent of each project's allocation to
provide for the department's costs to administer these grants.
2. It is the intent of the Legislature that salaries, wages,
operating
expenses, and positions associated with implementing specific
Department of Parks and Recreation capital outlay projects continue
to be funded through capital outlay appropriations, and that these
funds and related position authority should also be reflected in the
department's state operations budget in the Governor's Budget and
Budget Bill with an offsetting payable from the capital outlay
appropriation.
3790-001-0005--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund . . . 12,441,000
3790-001-0140--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the California
Environmental License Plate Fund . . . 1,637,000
3790-001-0235--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Public
Resources Account, Cigarette and Tobacco Products Surtax Fund . . .
10,729,000
3790-001-0263--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Off-Highway
Vehicle Trust Fund . . . 37,818,000
3790-001-0392--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the State Parks and
Recreation Fund . . . 117,079,000
3790-001-0449--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Winter
Recreation Fund . . . 342,000
3790-001-0516--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Harbors and
Watercraft Revolving Fund . . . 701,000
3790-001-0890--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Federal Trust
Fund . . . 3,527,000
3790-001-3077--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the California Main
Street Program Fund . . . 175,000
3790-001-6029--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Fund . . . 18,343,000
3790-001-6031--For support of Department of Parks and Recreation,
payable to Item 3790-001-0001, from the Water Security, Clean
Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
458,000
3790-011-0062--For transfer by the Controller to the State Parks and
Recreation Fund, as prescribed by subdivision (a) of Section 2107.7
of the Streets and Highways Code, for expenditure by the Department
of Parks and Recreation for maintenance and repair of highways in
units of the State Park System, payable from the Highway Users Tax
Account, Transportation Tax Fund . . . (3,400,000)
3790-012-0061--For transfer by the Controller from the Motor
Vehicle Fuel Account, Transportation Tax Fund to the State Parks and
Recreation Fund . . . (26,649,000)
Provisions:
1. Notwithstanding any other provision of law, the amount
appropriated in this item normally transferred to the Harbors and
Watercraft Revolving Fund from the Motor Vehicle Fuel Account,
Transportation Tax Fund, shall be available for transfer to the State
Parks and Recreation Fund.
3790-101-0262--For local assistance, Department of Parks and
Recreation, payable from the Habitat Conservation Fund, to be
available for expenditure through fiscal year 2006-07 . . . 3,705,000
Schedule:
(1) 80.25-Recreational Grants . . . 2,205,000
(2) 80.28-Local Projects . . . 1,500,000
(a) Monterey County, Monterey Peninsula Regional Park
District-Santa Lucia Mountain Range . . . (1,500,000)
Provisions:
1. The funds appropriated by this item shall be available only for
projects submitted to the Department of Parks and Recreation for
consideration during the evaluation process for the Habitat
Conservation Fund Program.
3790-101-0263--For local assistance, Department of Parks and
Recreation, payable from the Off-Highway Vehicle Trust Fund, for
grants to cities, counties, federal agencies or special districts, as
specified in Section 5090.50 of the Public Resources Code, to be
available for expenditure through fiscal year 2006-07 . . .
17,000,000
Schedule:
(1) 80.12-OHV Grants . . . 17,000,000
3790-101-0383--For local assistance, Department of Parks and
Recreation, payable from the Natural Resources Infrastructure Fund,
available for expenditure through June 30, 2007 . . . 2,700,000
Provisions:
1. The funds appropriated in this item shall be available to the City
of
Los Angeles, Department of Parks and Recreation.
3790-101-0858--For local assistance, Department of Parks and
Recreation, payable from the Recreational Trails Fund, to be
available for expenditure through fiscal year 2006-07 . . . 6,200,000
Schedule:
(1) 80.12-OHV Grants . . . 1,200,000
(2) 80.25-Recreational Grants . . . 5,000,000
Provisions:
1. The funds appropriated in Schedules (1) and (2) shall be available
for expenditure for local assistance or capital outlay.
2. Of the funds appropriated, the department may allocate, to the
maximum extent allowable under federal law, the amount necessary to
provide for the department's costs to administer these grants.
3. Grants may be made to nonprofit organizations and government
entities.
3790-101-0890--For local assistance, Department of Parks and
Recreation, payable from the Federal Trust Fund, to be available for
expenditure through fiscal year 2006-07 . . . 14,200,000
Schedule:
(1) 80.25-Recreational Grants . . . 13,000,000
(2) 80.30-Historic Preservation Grants . . . 1,200,000
Provisions:
1. The funds appropriated in Schedules (1) and (2) shall be available
for expenditure for local assistance or capital outlay.
3790-101-6029--For local assistance, Department of Parks and
Recreation, payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund, to be available for
expenditure until June 30, 2007 . . . 78,413,000
Schedule:
(1) 80.25-Recreational Grants . . . 78,413,000
(a) Roberti-Z'berg-Harris . . . (31,739,000)
(b) California Youth Soccer and Recreation Development Program . .
. (23,337,000)
(c) State Urban Parks and Healthy Communities Act . . . (23,337,000)
Provisions:
1. Funds appropriated in this item shall be available for liquidation
of
encumbrances until June 30, 2012.
3790-301-0005--For capital outlay, Department of Parks and
Recreation, payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund . . . 25,639,000
Schedule:
(0.1) 90.EX.101-Malibu Creek SP: Restore Sepulveda
Adobe--Working drawings and construction . . . 1,233,000
(0.2) 90.E4.103-Chino Hills SP: Visitor Center--Construction and
equipment . . . 1,667,000
(1) 90.GI.101-Crystal Cove SP: El Morro Mobilehome Park
Conversion--Construction . . . 10,047,000
(2) 90.RS.235-Statewide: Volunteer Enhancement Program--Minor
Projects . . . 345,000
(3) 90.RS.601-Statewide: Budget Development--Study . . . 150,000
(4) 90.6F.101-Angel Island SP: Immigration Station Area
Restoration--Construction . . . 12,484,000
(5) Reimbursement-Crystal Cove SP: El Morro Mobilehome Park
Conversion . . . -287,000
Provisions:
1. The funds appropriated in Schedule (3) of this item shall be used
to
develop design information or cost information for new projects for
which funds have not been appropriated previously, but that are
anticipated to be included in the Governor's Budget for the 2005-06
and 2006-07 fiscal years.
3790-301-0262--For capital outlay, Department of Parks and
Recreation, payable from the Habitat Conservation Fund . . .
1,000,000
Schedule:
(1) 90.RS.406-Habitat Conservation: Proposed
Additions--Acquisition . . . 1,000,000
3790-301-0263--For capital outlay, Department of Parks and
Recreation, payable from the Off-Highway Vehicle Trust Fund . . .
10,740,000
Schedule:
(1) 90.A7.102-Prairie City SVRA: Improvement Project--Working
drawings and construction . . . 6,519,000
(2) 90.RS.206-Statewide: OHV Minors--Minor projects . . .
2,221,000
(3) 90.RS.405-Statewide: OHV Opportunity Purchase/Budget
Package/Schematic Planning--Acquisition and study . . . 400,000
(4) 90.20.002-Unallocated Capital Outlay . . . 1,600,000
Provisions:
1. The funds appropriated in Schedule (3) of this item shall be used
to
develop design information or cost information for new projects for
which funds have not been appropriated previously, but which are
anticipated to be included in the Governor's Budget for the 2005-06
or
2006-07 fiscal year.
3790-301-0890--For capital outlay, Department of Parks and
Recreation, payable from the Federal Trust Fund . . . 3,700,000
Schedule:
(1) 90.RS.801-Federal Trust Fund Program--Acquisition, preliminary
plans, working drawings and construction . . . 3,700,000
3790-301-6029--For capital outlay, Department of Parks and
Recreation, payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 29,903,000
Schedule:
(0.5) 90.AC.101-Railroad Technology Museum: Rehabilitation and
Facilities Plan--Working drawings and construction . . . 11,626,000
(1) 90.BA.101-Big Basin Redwoods SP: Wastewater
Collection/Treatment System
Improvements--Construction and equipment . . . 1,066,000
(2) 90.CB.102-Morro Bay SP: Sewer System
Improvements--Con-struction . . . 968,000
(2.1) 90.EX.103-Malibu Creek SP: Rehabilitate Public Use Facilities
at Tapia--Preliminary plans . . . 404,000
(2.2) 90.E4.104-Chino Hills SP: Entrance Road and
Facilities--Working drawings . . . 192,000
(2.3) 90.E4.105-Chino Hills SP: Coal Canyon Wildlife Corridor
Res-toration--Construction . . . 1,054,000
(2.4) 90.FO.101-Huntington SB: Ex- pand Lifeguard
Headquarters/Training Facility--Working drawings, construction, and
equipment . . . 3,736,000
(2.5) 90.FW.101-Topanga SP: Public Use Improvements--Preliminary
plans and working drawings . . . 574,000
(2.6) 90.GY.101-Doheny SB: New Lifeguard
Headquarters--Construction and equipment . . . 1,121,000
(2.7) 90.IH.101-Lake Perris SRA: Replace Lifeguard Headquarters--
Construction and equipment . . . 824,000
(2.8) 90.RS.205-Statewide: State Park System--Minor projects . . .
2,647,000
(3) 90.RS.810-Capital Outlay Projects--Acquisition, preliminary
plans, working drawings, construction, and minor projects . . .
3,000,000
(3.3) 90.3I.101-Shasta SHP: Southside Ruins
Stabilization--Preliminary plans . . . 521,000
(4) 90.5R.102-Fort Ross SHP: Water System
Improvements--Construction . . . 1,092,000
(5) 90.6H.101-Samuel P. Taylor SP: Install New Concrete
Reservoirs--Preliminary plans . . . 199,000
(5.1) 90.8D.102-Donner Memorial SP: New Visitor Center--Working
drawings, construction, and equipment . . . 5,927,000
(5.2) 90.8I.101-Calaveras Big Trees SP: New Visitor
Center--Working drawings, construction, and equipment . . .
3,653,000
(5.3) 90.8X.101-Plumas-Eureka SP: Historic Stamp Mill
Preserva-tion--Study and partial construction . . . 901,000
(5.4) 90.42.101-MacKerricher SP: Re- habilitate Historic Pudding
Creek Trestle--Construction . . . 1,939,000
(5.5) Reimbursement-Railroad Technology Museum: Rehabilitation
and Facilities Plan . . . -5,000,000
(5.6) Reimbursement-Calaveras Big Trees SP: New Visitor Center . .
. -500,000
(5.7) Reimbursement-Donner Memorial SP: Visitor Center . . .
-3,041,000
(6) Reimbursement-Capital Outlay Projects . . . -3,000,000
Provisions:
1. Prior to encumbering any funds appropriated in Schedule (3) of
this
item the Department of Parks and Recreation must submit project
scope information to the Department of Finance, and acquire approval
for the project from the Department of Finance.
3790-401--For the 2004-05 fiscal year, the balance as of July 1,
2004, deposits in, and accruals to the Conservation and Enforcement
Services Account in the Off-Highway Vehicle Trust Fund shall be
transferred by the State Controller to the Off-Highway Vehicle Trust
Fund. All funds transferred pursuant to this item shall be available
for
expenditure by the Department of Parks and Recreation for purposes
of conservation and enforcement activities pursuant to Section
5090.64 of the Public Resources Code which are authorized for
expenditure within Items 3790-001-0263, 3790-101-0263, and
3790-301-0263. The Controller shall make the transfers quarterly or
at such intervals as determined necessary to meet the cashflow needs
of the Off-Highway Vehicle Trust Fund.
3790-490--Reappropriation, Department of Parks and Recreation.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citations is extended to June 30, 2010:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 3790-101-6029(1)(a), Budget Act of 2002 (Ch. 379, Stats.
2002), Urban Park Grants
(2) Item 3790-101-6029(1)(b), Budget Act of 2002 (Ch. 379, Stats.
2002), Murray-Hayden Competitive Grants
3790-491--Reappropriation, Department of Parks and Recreation.
The balances of the appropriations provided in the following
citations
are reappropriated for the purposes and subject to the limitations,
unless otherwise specified, provided for in the appropriations:
0005--Safe Neighborhood Parks, Clean Water, Clean Air and Coastal
Protection Bond Fund
(1) Item 3790-302-0005, Budget Act of 2000 (Ch. 52, Stats. 2000), as
partially reappropriated by Item 3790-490, Budget Act of 2003 (Ch.
157, Stats. 2003)
(16) 90.64.100-East Bay Regional Park District: Complete the
community planning process, provide design services, and construct
public improvements in East Bay Shoreline project
(2) Item 3790-301-0005, Budget Act of 2001 (Ch. 106, Stats. 2001)
(27) 90.RS.409-Statewide: 2000 Bond Opportunity Purchases
Acquisition Program-- Acquisition
(28) 90.RS.415-Statewide: 2000 Bond Redwood Acquisition
Program--Acquisition
(29) 90.RS.416-Statewide: 2000 Bond Habitat Acquisition
Program--Acquisition
(30.93) 90.FW.100-Topanga SP: Topanga Canyon--Acquisition
(3) Item 3790-302-0005, Budget Act of 2001 (Ch. 106, Stats. 2001)
(13) 90.7T.400-Pigeon Point Light Station SHP: Bolsa Point/Whaler's
Cove--Acquisition
(4) Item 3790-301-0005, Budget Act of 2003 (Ch. 157, Stats. 2003)
(3) 90.CG.101-Pfeiffer Big Sur SP: Park Entrance and Day Use
Redevelopment--Construction and Equipment
0262--Habitat Conservation Fund
(1) Item 3790-301-0262, Budget Act of 2001 (Ch. 106, Stats. 2001)
(1) 90.RS.406-Habitat Conservation: Proposed
Additions--Acquisition
0263--Off-Highway Vehicle Trust Fund
(1) Item 3790-301-0263, Budget Act of 2001 (Ch. 106, Stats. 2001)
(1) 90.7C.400-Oceano Dunes SVRA: La Grande Tract--Acquisition
(5) 90.RS.405-Statewide: OHV Opportunity Purchase/Prebudget
Appraisal--Acquisition
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 3790-301-6029, Budget Act of 2003 (Ch. 157, Stats. 2003)
(23) 90.94.103-Leland Stanford Mansion SHP: Rehabilitation of
Mansion Grounds--Preliminary plans, working drawings,
construction, and equipment
3790-492--Reappropriation, Department of Parks and Recreation.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citation is extended to June 30, 2005:
0005--Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Fund
(1) Item 3790-302-0005, Budget Act of 2001 (Ch. 106, Stats. 2001)
(15) 90.FH.100-Santa Monica SB: 415 PCH Project--EIRs and
planning
3790-493--Extension of Liquidation Period, Department of Parks and
Recreation. The balances of the appropriations provided in the
following citations are reappropriated for the purposes and subject
to
the limitations, unless otherwise specified, provided for in the
following appropriations:
0001--General Fund
(1) Item 3790-101-0001, Budget Act of 1999 (Ch. 50, Stats. 1999)
(a) 80.25-Recreational Grants
(.5) Highland Senior Center: Swimming Pool
Notwithstanding any other provision of law, the balance as of June
30,
2004 is reappropriated to the City of Highland for allocation to the
Highland Community Center for the construction of a swimming pool.
(2) Item 3790-101-0001, Budget Act of 1999 (Ch. 50, Stats. 1999), as
amended by subdivision (a) of Section 15 of Chapter 1021 of the
Statutes of 1999, Plaza Community Center organization to construct a
teen center and to complete the Senior Citizen Civic Center in the
City
Terrace neighborhood of Los Angeles.
0262--Habitat Conservation Fund
(1) Item 3790-101-0262, Budget Act of 1999 (Ch. 50, Stats. 1999)
(1) 80.25.001-Local Grants-Habitat Conserva- tion Fund Program
3790-494--Reappropriation, Department of Parks and Recreation.
The balances of the appropriations provided in the following
citations
are reappropriated for the purposes provided for in those appropria
tions, and shall be available for encumbrance or expenditure until
June 30, 2005:
0001--General Fund
(1) Item 3790-101-0001, Budget Act of 1999 (Ch. 50, Stats. 1999)
(a) 80.25-Recreational Grants
(186) City of La Palma: Construct new community or senior center.
Notwithstanding any other provision of law, the balance as of June
30,
2004, is reappropriated to the City of La
Palma for renovation, repair, and other capital outlay work on the
community center.
0005--Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Fund
(1) Item 3790-101-0005, Budget Act of 2001 (Ch. 106, Stats. 2001)
(3) 80.28-Local Projects
(c) Major League Baseball Urban Youth Foundation: Major League
Baseball Academy, provided that the funds shall be granted to the
following entity: City of Los Angeles, to be used for the
Sheldon-Arleta Sportsfield Complex.
(2) Item 3790-102-0005, Budget Act of 2000 (Ch. 52, Stats. 2000)
(a) 80.25-Recreational Grants
(5) Murray-Hayden Grants
(q) City of Los Angeles: Community Build Youth Center
3810-001-0140--For support of Santa Monica Mountains
Conservancy, payable from the California Environmental License
Plate Fund . . . 200,000
Schedule:
(1) 10-Santa Monica Mountains Conservancy . . . 629,000
(2) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3810-001-6029) . . . -218,000
(3) Amount payable from the Water Security, Clean Drinking Water,
Coastal, and Beach Protection Fund of 2002 (Item 3810-001- 6031) . .
. -211,000
Provisions:
1. Notwithstanding Article 4 (commencing with Section 11040) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code,
the Attorney General shall continue to provide legal services to the
Santa Monica Mountains Conservancy consistent with the manner in
which the Attorney General provides legal services to state agencies
that are funded by appropriations made from the General Fund.
2. (a) The Santa Monica Mountains Conservancy shall not encumber
state appropriated funds for the purchase or acquisition of real
property
directly or through any public agency intermediary, including
the State Public Works Board, that requires the payment of interest
costs, or late fees or penalties, unless the conservancy certifies
all of
the following:
(1) that the purchase is necessary to implement an acquisition
identified in the high-priority category of the work program
submitted
annually to the Legislature pursuant to Section 33208 of the Public
Resources Code, or amendments made thereto,
(2) that the purchase agreement does not involve interest payments or
terms in excess of those that the State Public Works Board may enter
into pursuant to Section 15854.1 of the Government Code, and
(3) that the purchase agreement does not commit the state to future
appropriations.
(b) The Santa Monica Mountains Conservancy shall report
periodically to the Legislature, but no less frequently than twice
yearly, concerning the status of any purchases certified as required
in
(a) and the amount of state funds thus far encumbered for interest,
penalties, or other principal surcharges.
3810-001-6029--For support of the Santa Monica Mountains
Conservancy, for payment to Item 3810-001-0140, payable from the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Fund . . . 218,000
3810-001-6031--For support of Santa Monica Mountains
Conservancy, for payment to Item 3810-001-0140, payable from the
Water Security, Clean Drinking Water, Coastal and Beach Protection
Fund of 2002 . . . 211,000
3810-301-0005--For Capital Outlay, Santa Monica Mountains
Conservancy, payable from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Fund . . . 2,705,000
Schedule:
(1) Capital Outlay Acquisitions . . . 2,705,000
Provisions:
1. The Santa Monica Mountains Conservancy may encumber these
funds for either capital outlay or local assistance grants through
June
30, 2007. The conservancy shall not encumber these funds for any
grant not previously approved by the Office of the Attorney General.
2. The Santa Monica Mountains Conservancy shall submit a revised
cost allocation methodology to the Department of Finance no later
than September 1, 2004, that shall be applied to grants made from
this
appropriation. The Department of Finance shall review this revised
methodology for its reasonableness. The Department of Finance may
either recommend approval of the revised methodology as presented
or recommend modifications to the methodology. In either case, the
Director of Finance shall provide notification of the department's
recommendation in writing to the Chairperson of the Joint Legislative
Budget Committee. The Chairperson of the Joint Legislative Budget
Committee shall either approve or reject the recommendation within
30 days of the date of notification. If the chairperson does not
approve
or reject the department's recommendation within 30 days, the
department's recommendation will be deemed approved.
3. The Santa Monica Mountains Conservancy shall provide the
services of the conservancy's executive director and of other
conservancy staff to a joint powers authority only to the extent that
the
sharing of services is permitted by law, as determined by the Office
of
the Attorney General.
4. The Santa Monica Mountains Conservancy shall develop and
implement procedures in response to the Final Management Letter
from the Department of Finance, dated May 4, 2004, that assure the
separation of functions with respect to fiscal operations of joint
powers authorities. These procedures shall include procedures
whereby all financial transactions of the joint powers authority are
supervised by officers and employees who are separate from the
conservancy and do not report to any officers or employees of the
conservancy in any capacity. The conservancy shall provide a report
on those procedures and their implementation to the chairpersons of
the fiscal committees and appropriate subcommittees of each house of
the Legislature by January 1, 2005. For the purposes of this
provision,
"fiscal operations" and "financial transactions" refer to any and all
activities involving the receipt, tracking, and paying out of moneys,
including, but not limited to, accounting, auditing, payroll, and
contract disbursement activities.
5. The Santa Monica Mountains Conservancy shall issue grants from
this appropriation only in accordance with the General Obligation
Bond Law and the specific provisions of the bond funds from which
appropriations have been made, and according to advice it has
received from the Office of the Attorney General, and, if
appropriate,
from the Office of the State Treasurer, respecting the permissible
use
of bond funds available to the conservancy.
6. The Santa Monica Mountains Conservancy shall secure refunds
from the Mountains Recreation and Conservation Authority of the
unencumbered balances of previous years' grants made from this
funding source to the conservancy. For the purposes of this
provision,
"unencumbered balance" means funds that are not essential to fulfill
the obligations of an enforceable, legal, and binding contract as
determined by the Office of the Attorney General, taking into account
the advice of the Office of the State Treasurer with respect to
federal
tax issues. These funds shall remain available for encumbrance
according to the terms of the initial appropriation and all the
budget
control language included in this act.
7. Any time that the Office of the Attorney General concludes that
any
use of bond funds has not been consistent with the opinion standard,
the Santa Monica Mountains Conservancy shall follow the instructions
of the Attorney General with respect to recovery, refund, or other
settlement.
8. The Santa Monica Mountains Conservancy shall follow the advice
of the Office of the Attorney General with respect to the refund of
$491,841 in overhead on the grant for acquisition of the Avatar
property.
9. Funds from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of 2000 (Item 3810-301-0005) shall
not be available to the Santa Monica Mountains Conservancy until the
Department of Finance has confirmed that those amounts are actually
available as a result of refunds from prior appropriations.
10. It is the intent of the Legislature that the Department of
Personnel
Administration and the Department of Finance shall approve the
reclassification of one or more of the Santa Monica Mountains
Conservancy's authorized positions to improve fiscal and contracts
management.
3810-301-0941--For Capital Outlay, Santa Monica Mountains
Conservancy, payable from the Santa Monica Mountains Conservancy
Fund . . . 118,000
Schedule:
(1) Capital Outlay Acquisitions . . . 118,000
Provisions:
1. The Santa Monica Mountains Conservancy may encumber these
funds for either capital outlay or local assistance grants through
June
30, 2007. The conservancy shall not encumber these funds for any
grant not previously approved by the Office of the Attorney General.
2. The Santa Monica Mountains Conservancy shall submit a revised
cost allocation methodology to the Department of Finance no later
than September 1, 2004, that shall be applied to grants made from
this
appropriation. The Department of Finance shall review this revised
methodology for its reasonableness. The Department of Finance may
either recommend approval of the revised methodology as presented
or recommend modifications to the methodology. In either case, the
Director of Finance shall provide notification of the department's
recommendation in writing to the Chairperson of the Joint Legislative
Budget Committee. The Chairperson of the Joint Legislative Budget
Committee shall either approve or reject the recommendation within
30 days of the date of notification. If the chairperson does not
approve
or reject the department's recommendation within 30 days, the
department's recommendation will be deemed approved.
3. The Santa Monica Mountains Conservancy shall provide the
services of the conservancy's executive director and of other
conservancy staff to a joint powers authority only to the extent that
the
sharing of services is permitted by law, as determined by the Office
of
the Attorney General.
4. The Santa Monica Mountains Conservancy shall develop and
implement procedures in response to the Final Management Letter
from the Department of Finance, dated May 4, 2004, that assure the
separation of functions with respect to fiscal operations of joint
powers authorities. These procedures shall include procedures
whereby all financial transactions of the joint powers authority are
supervised by officers and employees who are separate from the
conservancy and do not report to any officers or employees of the
conservancy in any capacity. The conservancy shall provide a report
on those procedures and their implementation to the chairpersons of
the fiscal committees and appropriate subcommittees of each house of
the Legislature by January 1, 2005. For the purposes of this
provision,
"fiscal operations" and "financial transactions" refer to any and all
activities involving the receipt, tracking, and paying out of moneys,
including, but not limited to, accounting, auditing, payroll, and
contract disbursement activities.
5. The Santa Monica Mountains Conservancy shall issue grants from
this appropriation only in accordance with the General Obligation
Bond Law and the specific provisions of the bond funds from which
appropriations have been made, and according to advice it has
received from the Office of the Attorney General, and, if
appropriate,
from the Office of the State Treasurer, respecting the permissible
use
of bond funds available to the conservancy.
6. The Santa Monica Mountains Conservancy shall secure refunds
from the Mountains Recreation and Conservation Authority of the
unencumbered balances of previous years' grants made from this
funding source to the conservancy. For the purposes of this
provision,
"unencumbered balance" means funds that are not essential to fulfill
the obligations of an enforceable, legal, and binding contract as
determined by the Office of the Attorney General, taking into account
the advice of the Office of the State Treasurer with respect to
federal
tax issues. These funds shall remain available for encumbrance
according to the terms of the initial appropriation and all the
budget
control language included in this act.
7. Any time that the Office of the Attorney General concludes that
any
use of bond funds has not been consistent with the opinion standard,
the Santa Monica Mountains Conservancy shall follow the instructions
of the Attorney General with respect to recovery, refund, or other
settlement.
8. The Santa Monica Mountains Conservancy shall follow the advice
of the Office of the Attorney General with respect to the refund of
$491,841 in overhead on the grant for acquisition of the Avatar
property.
9. Funds from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of 2000 (Item 3810-301-0005) shall
not be available to the Santa Monica Mountains Con- servancy until
the Department of Finance has confirmed that those amounts are
actually available as a result of refunds from prior appropriations.
10. It is the intent of the Legislature that the Department of
Personnel
Administration and the Department of Finance shall approve the
reclassification of one or more of the Santa Monica Mountains
Conservancy's authorized positions to improve fiscal and contracts
management.
3810-301-6029--For Capital Outlay, Santa Monica Mountains
Conservancy, payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund . . .
12,400,000
Schedule:
(1) Capital Outlay Acquisitions . . . 12,400,000
Provisions:
1. The Santa Monica Mountains Conservancy may encumber these
funds for either capital outlay or local assistance grants through
June
30, 2007. The conservancy shall not encumber these funds for any
grant not previously approved by the Office of the Attorney General.
2. The Santa Monica Mountains Conservancy shall submit a revised
cost allocation methodology to the Department of Finance no later
than September 1, 2004, that shall be applied to grants made from
this
appropriation. The Department of Finance shall review this revised
methodology for its reasonableness. The Department of Finance may
either recommend approval of the revised methodology as presented
or recommend modifications to the methodology. In either case, the
Director of Finance shall provide notification of the department's
recommendation in writing to the Chairperson of the Joint Legislative
Budget Committee. The Chairperson of the Joint Legislative Budget
Committee shall either approve or reject the recommendation within
30 days of the date of notification. If the chairperson does not
approve
or reject the department's recommendation within 30 days, the
department's recommendation will be deemed approved.
3. The Santa Monica Mountains Conservancy shall provide the
services of the conservancy's executive director and of other
conservancy staff to a joint powers authority only to the extent that
the
sharing of services is permitted by law, as determined by the Office
of
the Attorney General.
4. The Santa Monica Mountains Conservancy shall develop and
implement procedures in response to the Final Management Letter
from the Department of Finance, dated May 4, 2004, that assure the
separation of functions with respect to fiscal operations of joint
powers authorities. These procedures shall include procedures
whereby all financial transactions of the joint powers authority are
supervised by officers and employees who are separate from the
conservancy and do not report to any officers or employees of the
conservancy in any capacity. The conservancy shall provide a report
on those procedures and their implementation to the chairpersons of
the fiscal committees and appropriate subcommittees of each house of
the Legislature by January 1, 2005. For the purposes of this
provision,
"fiscal operations" and "financial transactions" refer to any and all
activities involving the receipt, tracking, and paying out of moneys,
including, but not limited to, accounting, auditing, payroll, and
contract disbursement activities.
5. The Santa Monica Mountains Conservancy shall issue grants from
this appropriation only in accordance with the General Obligation
Bond Law and the specific provisions of the bond funds from which
appropriations have been made, and according to advice it has
received from the Office of the Attorney General, and, if
appropriate,
from the Office of the State Treasurer, respecting the permissible
use
of bond funds available to the conservancy.
6. The Santa Monica Mountains Conservancy shall secure refunds
from the Mountains Recreation and Conservation Authority of the
unencumbered balances of previous years' grants made from this
funding source to the conservancy. For the purposes of this
provision,
"unencumbered balance" means funds that are not essential to fulfill
the obligations of an enforceable, legal, and binding contract as
determined by the Office of the Attorney General, taking into account
the advice of the Office of the State Treasurer with respect to
federal
tax issues. These funds shall remain available for encumbrance
according to the terms of the initial appropriation and all the
budget
control language included in this act.
7. Any time that the Office of the Attorney General concludes that
any
use of bond funds has not been consistent with the opinion standard,
the Santa Monica Mountains Conservancy shall follow the instructions
of the Attorney General with respect to recovery, refund, or other
settlement.
8. The Santa Monica Mountains Conservancy shall follow the advice
of the Office of the Attorney General with respect to the refund of
$491,841 in overhead on the grant for acquisition of the Avatar
property.
9. Funds from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of 2000 (Item 3810-301-0005) shall
not be available to the Santa Monica Mountains Con- servancy until
the Department of Finance has confirmed that those amounts are
actually available as a result of refunds from prior appropriations.
10. It is the intent of the Legislature that the Department of
Personnel
Administration and the Department of Finance shall approve the
reclassification of one or more of the Santa Monica Mountains
Conservancy's authorized positions to improve fiscal and contracts
management.
3810-301-6031--For Capital Outlay, Santa Monica Mountains
Conservancy, payable from the Water Se- curity, Clean Drinking
Water, Coastal and Beach Protection Fund of 2002 . . . 9,500,000
Schedule:
(1) Capital Outlay Acquisitions . . . 9,500,000
Provisions:
1. The Santa Monica Mountains Conservancy may encumber these
funds for either capital outlay or local assistance grants through
June
30, 2007. The conservancy shall not encumber these funds for any
grant not previously approved by the Office of the Attorney General.
2. The Santa Monica Mountains Conservancy shall submit a revised
cost allocation methodology to the Department of Finance no later
than September 1, 2004, that shall be applied to grants made from
this
appropriation. The Department of Finance shall review this revised
methodology for its reasonableness. The Department of Finance may
either recommend approval of the revised methodology as presented
or recommend modifications to the methodology. In either case, the
Director of Finance shall provide notification of the department's
recommendation in writing to the Chairperson of the Joint Legislative
Budget Committee. The Chairperson of the Joint Legislative Budget
Committee shall either approve or reject the recommendation within
30 days of the date of notification. If the chairperson does not
approve
or reject the department's recommendation within 30 days, the
department's recommendation will be deemed approved.
3. The Santa Monica Mountains Conservancy shall provide the
services of the conservancy's executive director and of other
conservancy staff to a joint powers authority only to the extent that
the
sharing of services is permitted by law, as determined by the Office
of
the Attorney General.
4. The Santa Monica Mountains Conservancy shall develop and
implement procedures in response to the Final Management Letter
from the Department of Finance, dated May 4, 2004, that assure the
separation of functions with respect to fiscal operations of joint
powers authorities. These procedures shall include procedures
whereby all financial transactions of the joint powers authority are
supervised by officers and employees who are separate from the
conservancy and do not report to any officers or employees of the
conservancy in any capacity. The conservancy shall provide a report
on those procedures and their implementation to the chairpersons of
the fiscal committees and appropriate subcommittees of each house of
the Legislature by January 1, 2005. For the purposes of this
provision,
"fiscal operations" and "financial transactions" refer to any and all
activities involving the receipt, tracking, and paying out of moneys,
including, but not limited to, accounting, auditing, payroll, and
contract disbursement activities.
5. The Santa Monica Mountains Conservancy shall issue grants from
this appropriation only in accordance with the General Obligation
Bond Law and the specific provisions of the bond funds from which
appropriations have been made, and according to advice it has
received from the Office of the Attorney General, and, if
appropriate,
from the Office of the State Treasurer, respecting the permissible
use
of bond funds available to the conservancy.
6. The Santa Monica Mountains Conservancy shall secure refunds
from the Mountains Recreation and Conservation Authority of the
unencumbered balances of previous years' grants made from this
funding source to the conservancy. For the purposes of this
provision,
"unencumbered balance" means funds that are not essential to fulfill
the obligations of an enforceable, legal, and binding contract as
determined by the Office of the Attorney General, taking into account
the advice of the Office of the State Treasurer with respect to
federal
tax issues. These funds shall remain available for encumbrance
according to the terms of the initial appropriation and all the
budget
control language included in this act.
7. Any time that the Office of the Attorney General concludes that
any
use of bond funds has not been consistent with the opinion standard,
the Santa Monica Mountains Conservancy shall follow the instructions
of the Attorney General with respect to recovery, refund, or other
settlement.
8. The Santa Monica Mountains Conservancy shall follow the advice
of the Office of the Attorney General with respect to the refund of
$491,841 in overhead on the grant for acquisition of the Avatar
property.
9. Funds from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of 2000 (Item 3810-301-0005) shall
not be available to the Santa Monica Mountains Conservancy until the
Department of Finance has confirmed that those amounts are actually
available as a result of refunds from prior appropriations.
10. It is the intent of the Legislature that the Department of
Personnel
Administration and the Department of Finance shall approve the
reclassification of one or more of the Santa Monica Mountains
Conservancy's authorized positions to improve fiscal and contracts
management.
3820-001-0001--For support of San Francisco Bay Conservation and
Development Commission . . . 3,113,000
Schedule:
(1) 10-Bay Conservation and Development . . . 3,942,000
(2) Amount payable from the Bay Fill Clean-Up and Abatement Fund
(Item 3820-001-0914) . . . -171,000
(3) Reimbursements . . . -658,000
Provisions:
1. It is the intent of the Legislature that the San Francisco Bay
Conservation and Development Commission revise its permit fee
schedule to increase fee revenues to at least 20 percent of the
amount
appropriated in this item to support the operation of the commission'
s
regulatory program.
2. It is the intent of the Legislature that the Governor's annual
budget
document display the commission's permit fee revenues for prior,
current, and budget years.
3820-001-0914--For support of San Francisco Bay Conservation and
Development Commission, for payment to Item 3820-001-0001,
payable from the Bay Fill Clean-Up and Abatement Fund . . . 171,000
3825-001-0140--For support of San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, payable from the California
Environmental License Plate Fund . . . 33,000
Schedule:
(1) 10-San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy . . . 767,000
(2) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3825-001-6029) . . . -734,000
Provisions:
1. Acquisitions and enhancements administered pursuant to this item
shall not be undertaken if they would require increased state funds
for
management purposes.
3825-001-6029--For support of San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, for payment to Item
3825-001-0140 payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund . . . 734,000
3825-301-6029--For capital outlay, San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy, payable from the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Fund . . . 6,200,000
Provisions:
1. The funds appropriated in this item are available for expenditure
for capital outlay or local assistance until June 30, 2007.
3825-301-6031--For capital outlay, San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy, payable from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund
of 2002 . . . 6,200,000
Provisions:
1. The funds appropriated in this item are available for expenditure
for capital outlay or local assistance until June 30, 2007.
3830-001-0140--For support of San Joaquin River Conservancy,
payable from the California Environmental License Plate Fund . . .
241,000
Schedule:
(1) 10-San Joaquin River Conservancy . . . 347,000
(2) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3830-001-6029) . . . -106,000
Provisions:
1. Acquisitions and enhancements administered pursuant to this item
shall not be undertaken if they would require increased state funds
for
management purposes.
3830-001-6029--For support of San Joaquin River Conservancy, for
payment to Item 3830-001-0140 payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 106,000
3835-001-0140--For support of Baldwin Hills Conservancy, payable
from the California Environmental License Plate Fund . . . 292,000
Schedule:
(1) 10-Baldwin Hills Conservancy . . . 393,000
(2) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3835-001-6029) . . . -101,000
Provisions:
1. Acquisitions and enhancements administered pursuant to this item
shall not be undertaken if they would require increased state funds
for
management purposes.
3835-001-6029--For support of Baldwin Hills Conservancy, for
payment to Item 3835-001-0140, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 101,000
3835-301-6029--For capital outlay, Baldwin Hills Conservancy,
payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 7,200,000
Schedule:
(1) 20-Capital Outlay Acquisition and Improvement Program . . .
7,200,000
Provisions:
1. The funds appropriated in this item are available for expenditure
for capital outlay or local assistance until June 30, 2007.
3840-001-0140--For support of Delta Protection Commission,
payable from the California Environmental License Plate Fund . . .
138,000
3840-001-0516--For support of Delta Protection Commission,
payable from the Harbors and Watercraft Revolving Fund . . . 163,000
3845-001-0140--For support of San Diego River Conservancy,
payable from the California Environmental License Plate Fund . . .
265,000
Schedule:
(1) 10-San Diego River Conservancy . . . 265,000
Provisions:
1. Acquisitions and enhancements administered pursuant to this item
shall not be undertaken if they would require increased state funds
for
management purposes.
3845-490--Reappropriation, San Diego River Conservancy.
Notwithstanding any other provision of law, the balance of the
appropriation provided in the following citation is reappropriated
for
the purposes provided for in that appropriation and for planning and
program development and shall be available for encumbrance or
expenditure until June 30, 2005:
0140--Environmental License Plate Fund
(1) Item 3845-001-0140, Budget Act of 2003 (Ch. 157, Stats. 2003)
3850-001-0140--For support of Coachella Valley Mountains
Conservancy, payable from the California Environmental License
Plate Fund . . . 256,000
Schedule:
(1) 10-Coachella Valley Mountains Conservancy . . . 407,000
(2) Reimbursements . . . -19,000
(3) Amount payable from the Coachella Valley Mountains
Conservancy Fund (Item 3850-001-0296) . . . -32,000
(4) Amount payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3850-001-6029) . . . -100,000
Provisions:
1. Acquisitions and enhancements administered pursuant to this item
shall not be undertaken if they would require increased state funds
for management purposes.
3850-001-0296--For support of Coachella Valley Mountains
Conservancy, for payment to Item 3850-001-0140, payable from the
Coachella Valley Mountains Conservancy Fund . . . 32,000
3850-001-6029--For support of Coachella Valley Mountains
Conservancy, payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund . . . 100,000
3850-301-0005--For capital outlay, Coachella Valley Mountains
Conservancy, payable from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Fund . . . 686,000
Schedule:
(1) 20-Coachella Valley Mountains Acquisition and Enhancement
Projects and Costs . . . 686,000
Provisions:
1. The funds appropriated in this item are available for expenditure
for capital outlay or local assistance until June 30, 2007.
3850-301-6029--For capital outlay, Coachella Valley Mountains
Conservancy, payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund . . . 2,871,000
Schedule:
(1) 20-Coachella Valley Mountains Acquisition and Enhancement
Projects and Costs . . . 2,871,000
Provisions:
1. The funds appropriated in this item are available for expenditure
for capital outlay or local assistance until June 30, 2007.
3860-001-0001--For support of Department of Water Resources . . .
29,346,000
Schedule:
(1) 10-Continuing Formulation of the California Water Plan . . .
138,026,000
(2) 20-Implementation of the State Water Resources Development
System . . . 9,777,000
(3) 30-Public Safety and Prevention of Damage . . . 36,793,000
(4) 45-California Energy Resources Scheduling (CERS) . . .
46,866,000
(5) 40-Services . . . 6,990,000
(6) 50.01-Management and Administration . . . 63,948,000
(7) 50.02-Distributed Management and Administration . . .
-63,700,000
(8) Reimbursements . . . -26,546,000
(9) Amount payable from the California Environmental License Plate
Fund (Item 3860-001-0140) . . . -222,000
(10) Amount payable from the Central Valley Project Improvement
Subaccount (Item 3860-001-0404) . . . -1,573,000
(11) Amount payable from the Feasibility Projects Subaccount (Item
3860-001-0445) . . . -1,448,000
(12) Amount payable from the Water Conservation and Groundwater
Recharge Subaccount (Item 3860-001-0446) . . . -123,000
(13) Amount payable from the Energy Resources Programs Account
(Item 3860-001-0465) . . . -1,696,000
(14) Amount payable from the Local Projects Subaccount (Item
3860-001-0543) . . . -99,000
(15) Amount payable from the Sacramento Valley Water Management
and Habitat Protection Subaccount (Item 3860-001-0544) . . .
-384,000
(16) Amount payable from the 1986 Water Conservation and Water
Quality Bond Fund (Item 3860-001-0744) . . . -189,000
(17) Amount payable from the Federal Trust Fund (Item
3860-001-0890) . . . -11,307,000
(18) Amount payable from the Dam Safety Fund (Item 3860-0013057)
. . . -7,800,000
(19) Amount payable from the Electric Power Fund (Item
3860-0013100) . . . -46,377,000
(20) Amount payable from the Safe Drinking Water, Clean Water,
Watershed Protection, and Flood Protection Bond Fund (Item
3860-001-6001) . . . -984,000
(21) Amount payable from the Flood Protection Corridor Subaccount
(Item 3860-001-6005) . . . -943,000
(22) Amount payable from the Urban Stream Restoration Subaccount
(Item 3860-001-6007) . . . -692,000
(23) Amount payable from the Yuba Feather Flood Protection
Subaccount (Item 3860-001-6010) . . . -982,000
(23.5) Amount payable from the Arroyo Pasajero Watershed
Subaccount (Item 3860-001-6011) . . . -4,750,000
(24) Amount payable from the Water Conservation Account (Item
3860-001-6023) . . . -779,000
(25) Amount payable from the Conjunctive Use Subaccount (Item
3860-001-6025) . . . -1,300,000
(26) Amount payable from the Bay-Delta Multipurpose Water
Management Subaccount (Item 3860-001-6026) . . . -36,301,000
(27) Amount payable from the Interim Water Supply and Water
Quality Infrastructure and Management Subaccount (Item
3860-001-6027) . . . -431,000
(28) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3860-001-6031) . . .
-64,428,000
Provisions:
1. The amounts appropriated in Items 3860-001-0001 to
3860-001-6031, inclusive, shall be transferred to the Water
Resources Revolving Fund (0691) for direct expenditure in such
amounts as the Department of Finance may authorize, including
cooperative work with other agencies.
2. Of the amount appropriated in this item, $2,600,000 shall be
expended for sediment removal at the Fremont Weir and shall be
available for expenditure through June 30, 2007. Notwithstanding any
other provision of law, these funds may be used for acquisition of
mitigation lands necessary for the project.
3860-001-0140--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the California
Environmental License Plate Fund . . . 222,000
3860-001-0404--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Central Valley
Project Improvement Subaccount . . . 1,573,000
3860-001-0445--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Feasibility Projects
Subaccount . . . 1,448,000
3860-001-0446--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Water
Conservation and Groundwater Recharge Subaccount . . . 123,000
3860-001-0465--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Energy Resources
Programs Account . . . 1,696,000
3860-001-0543--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Local Projects
Subaccount . . . 99,000
3860-001-0544--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Sacramento Valley
Water Management and Habitat Protection Subaccount . . . 384,000
3860-001-0744--For support of the Department of Water Resources,
for payment to Item 3860-001-0001, payable from the 1986 Water
Conservation and Water Quality Bond Fund . . . 189,000
3860-001-0890--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Federal Trust Fund
. . . 11,307,000
3860-001-3057--For support of Department of Water Resources, for
payments to Item 3860-001-0001, payable from the Dam Safety Fund .
. . 7,800,000
3860-001-3100--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Electric Power
Fund . . . 46,377,000
Provisions:
1. The Department of Water Resources shall notify the Chairperson
and Vice Chairperson of the Joint Legislative Budget Committee prior
to expending the $1,250,000 contingency reserve included in this
item.
3860-001-6001--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Safe Drinking
Water, Clean Water, Watershed Protection, and Flood Protection
Bond Fund . . . 984,000
3860-001-6005--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Flood Protection
Corridor Subaccount . . . 943,000
3860-001-6007--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Urban Stream
Restoration Subaccount . . . 692,000
3860-001-6010--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Yuba Feather
Flood Protection Subaccount . . . 982,000
3860-001-6011--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Arroyo Pasajero
Watershed Subaccount . . . 4,750,000
3860-001-6023--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Water
Conservation Account . . . 779,000
3860-001-6025--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Conjunctive Use
Subaccount . . . 1,300,000
3860-001-6026--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Bay-Delta
Multipurpose Water Management Subaccount . . . 36,301,000
3860-001-6027--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Interim Water
Supply and Water Quality Infrastructure and Management Subaccount
. . . 431,000
3860-001-6031--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . .
. 64,428,000
3860-012-0502--For transfer by the Controller from the California
Water Resources Development Bond Fund to the General Fund . . .
(11,500,000)
3860-101-0543--For local assistance, Department of Water
Resources, payable from the Local Projects Subaccount . . . 3,289,000
3860-101-0744--For local assistance, Department of Water
Resources, payable from the 1986 Water Conservation and Water
Quality Bond Fund . . . 1,600,000
3860-101-0790--For local assistance, Department of Water
Resources, payable from the 1988 Water Conservation Fund . . .
8,974,000
3860-101-6006--For local assistance, Department of Water
Resources, payable from the Flood Control Subventions Account . . .
3,742,000
3860-101-6010--For local assistance, Department of Water
Resources, payable from the Yuba Feather Flood Protection
Subaccount . . . 16,855,000
3860-101-6023--For local assistance, Department of Water
Resources, payable from the Water Conservation Account . . .
26,282,000
3860-101-6025--For local assistance, Department of Water
Resources, payable from the Conjunctive Use Subaccount . . .
77,336,000
3860-101-6031--For local assistance, Department of Water
Resources, payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 . . . 42,517,000
Provisions:
1. Of the amount appropriated in this item, $19,000,000 shall be
provided for the CALFED Watershed Program and shall be available
for encumbrance until June 30, 2006, and liquidation until June 30,
2008.
3860-301-0001--For capital outlay, Department of Water Resources .
. . 270,000
Schedule:
(1) 30.95.309-American River Long Term Flood Protection Project . .
. 270,000
3860-490--Reappropriation, Department of Water Resources. The
balance of the appropriations provided in the following citations are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in those appropriations:
0001--General Fund
(1) Item 3860-301-0001, Budget Act of 2001 (Ch. 106, Stats. 2001)
(1) 30.95.010-Sacramento Riverbank Protection Project
(1.5) 30.95.030.201-Merced County Streams, Castle Dam
Unit--Construction
(2.5) 30.95.215.201-Lower Sacramento Area Levee Reconstruction
Project
(4.5) 30.95.295.201-Tehama Section 205 Flood Control
Project--Construction
(11) 30.95.311-Folsom Dam Modifications Project
3860-491--Reappropriation, Department of Water Resources. The
amounts specified in the appropriations provided in the following
citations are reappropriated for purposes provided for in those
appropriations, unless otherwise specified, and shall be available
for
encumbrance or expenditure until June 30, 2006:
0544--Sacramento Valley Water Management and Habitat Protection
Subaccount
(1) The balance of Item 3860-101-0544, Budget Act of 2003 (Ch.
157, Stats. 2003)
6077--Urban Stream Restoration Subaccount
(1) The balance of Item 3860-101-6007, Budget Act of 2003 (Ch.
157, Stats. 2003)
6026--Bay-Delta Multipurpose Water Management Subaccount
(1) $7,060,000 from Item 3860-001-6026, Budget Act of 2003 (Ch.
157, Stats. 2003) for purposes of the CALFED Conveyance and
Science Programs
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) Item 3860-001-6031, Budget Act of 2003 (Ch. 157, Stats. 2003)
for the following purposes in the amounts specified:
(a) CALFED Storage . . . 10,744,000
(b) CALFED Conveyance . . . 100,000
(c) Water Supply Reliability . . . 72,360,000
(d) CALFED Water Use Efficiency . . . 34,240,000
(e) Pilot Projects . . . 11,450,000
(f) CALFED Watershed Management . . . 1,000,000
(g) CALFED Ecosystem . . . 140,000
(2) Item 3860-101-6031, Budget Act of 2003 (Ch. 157, Stats. 2003)
for the following purposes in the amounts specified:
(a) Drought Panel Program . . . 6,400,000
(b) Desalination Program . . . 25,000,000
(c) Integrated Water Management . . . 49,830,000
3860-492--Extension of liquidation period, Department of Water
Resources. Notwithstanding any other provision of law, funds
appropriated in the following ci tations shall be available for
liquidation until June 30, 2006:
0001--General Fund
(1) Item 3860-001-0001, Budget Act of 2001 (Ch. 106, Stats. 2001);
($50,000) for purposes of Northern California Water Management
activities
(2) Item 3860-301-0001, Budget Act of 1999 (Ch. 50, Stats. 1999)
(4) 30.95.205-Sutter County Bridge Replacement
0543--Local Projects Subaccount
(1) Item 3860-101-0543, Budget Act of 2001 (Ch. 106, Stats. 2001)
0544--Sacramento Valley Water Management and Habitat Protection
Subaccount
(1) Item 3860-101-0544, Budget Act of 2001 (Ch. 106, Stats. 2001)
6003--Floodplain Mapping Subaccount
(1) Item 3860-001-6003, Budget Act of 2000 (Ch. 52, Stats. 2000), as
reappropriated by Item 3860-491, Budget Act of 2001 (Ch. 106, Stats.
2001)
6007--Urban Stream Restoration Subaccount
(1) Item 3860-101-6007, Budget Act of 2001 (Ch. 106, Stats. 2001)
6010--Yuba Feather Flood Protection Subaccount
(1) Item 3860-101-6010, Budget Act of 2001 (Ch. 106, Stats. 2001)
6023--Water Conservation Account
(1) Item 3860-001-6023, Budget Act of 2001 (Ch. 106, Stats. 2001)
(2) Item 3860-101-6023, Budget Act of 2001 (Ch. 106, Stats. 2001)
6025--Conjunctive Use Subaccount
(1) Item 3860-101-6025, Budget Act of 2001 (Ch. 106, Stats. 2001)
6026--Bay-Delta Multipurpose Water Management Subaccount
(1) Item 3860-001-6026, Budget Act of 2001 (Ch. 106, Stats. 2001)
6027--Interim Water Supply and Water Quality Infrastructure and
Management Subaccount
(1) Item 3860-101-6027, Budget Act of 2001 (Ch. 106, Stats. 2001)
3860-495--Reversion, Department of Water Resources. As of June
30, 2004, the amounts specified in the following citations shall
revert
to the fund balance of the fund from which the appropriation was
made: 0001--General Fund
(1) Item 3860-301-0001, Budget Act of 2001 (Ch. 106, Stats. 2001)
(2.5) 30.95.215.201--Lower Sacramento Area Levee Reconstruction
Project . . . 400,000
(11) 30.95.311--Folsom Dam Modifications Project . . . 2,470,000
Provisions:
1. It is the intent of the Legislature that the funds reverted in
this item
be redirected for the American River Long Term Protection Project
and sediment removal at the Fremont Weir.
3860-496--Reversion, Department of Water Resources. As of June
30, 2004, the sum of $1,080,000 from Item 3860-101-6005, Budget
Act of 2003 (Ch. 157, Stats. 2003), shall revert to the Flood
Protection Corridor Subaccount.
3870-001-0001--For support of California Bay-Delta Authority . . .
8,260,000
Schedule:
(1) 10-CALFED Bay-Delta Program . . . 52,390,000
(2) Reimbursements . . . -16,510,000
(3) Amount payable from the Federal Trust Fund (Item
3860-001-0890) . . . -5,000,000
(4) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3860-001-6031) . .
. -22,620,000
3870-001-0890--For support of California Bay-Delta Authority, for
payment to Item 3870-001-0001, payable from the Federal Trust Fund
. . . 5,000,000
3870-001-6031--For support of California Bay-Delta Authority, for
payment to Item 3870-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . .
. 22,620,000
Provisions:
1. The funds appropriated in this item shall be available for
expenditure until June 30, 2006.
3870-490--Reappropriation, California Bay-Delta Authority. The
amounts specified in the appropriations provided for in the following
citations are reappropriated for the purposes provided for in those
appropriations, unless otherwise specified, and shall be available
for
encumbrance and expenditure until June 30, 2006:
0546--Bay-Delta Ecosystem Restoration Account
(1) The balance of Item 3870-001-0546, Budget Act of 2003 (Ch.
157, Stats. 2003)
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) $12,593,000 from Item 3870-001-6031, Budget Act of 2003 (Ch.
157, Stats. 2003) for purposes of the CALFED Science and
Conveyance Programs
CALIFORNIA ENVIRONMENTAL
PROTECTION AGENCY
3900-001-0001--For support of State Air Resources Board, for
payment to Item 3900-001-0044 . . . 2,224,000
3900-001-0044--For support of State Air Resources Board, payable
from the Motor Vehicle Account, State Transportation Fund . . .
60,107,000
Schedule:
(1) 15-Mobile Source . . . 114,665,000
(2) 25-Stationary Source . . . 38,238,000
(3) 30.01-Program Direction and Support . . . 11,092,000
(4) 30.02-Distributed Program Direction and Support . . . -11,092,000
(5) Reimbursements . . . -3,777,000
(6) Amount payable from the General Fund (Item 3900-001-0001) . . .
-2,224,000
(7) Amount payable from the Air Pollution Control Fund (Item
3900-001-0115) . . . -61,394,000
(8) Amount payable from the Vehicle Inspection and Repair Fund
(Item 3900-001-0421) . . . -11,558,000
(9) Amount payable from the Air Toxics Inventory and Assessment
Account (Item 3900-001-0434) . . . -991,000
(10) Amount payable from the Federal Trust Fund (Item
3900-001-0890) . . . -11,352,000
(11) Amount payable from the Non-Toxic Dry Cleaning Incentive
Trust Fund (Item 3900-001-3070) . . . -1,500,000
Provisions:
1. Of the amount appropriated in this item, $30,500,000 is available
for the purpose of matching grants under the Carl Moyer Memorial
Air Quality Standards Attainment Program.
3900-001-0115--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Air Pollution
Control Fund . . . 61,394,000
3900-001-0421--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Vehicle Inspection
and Repair Fund . . . 11,558,000
3900-001-0434--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Air Toxics
Inventory and Assessment Account . . . 991,000
3900-001-0890--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Federal Trust Fund
. . . 11,352,000
3900-001-3070--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Non-Toxic Dry
Cleaning Incentive Trust Fund . . . 1,500,000
3900-101-0044--For local assistance, State Air Resources Board, for
assistance to counties in the operation of local air pollution
control
districts, payable from the Motor Vehicle Account, State
Transportation Fund . . . 10,111,000
Schedule:
(1) 35-Subvention . . . 10,111,000
Provisions:
1. It is the intent of the Legislature that funds appropriated in
this item
shall not be used to reduce the fees paid by permittees to the local
air
quality management and air pollution control districts.
3910-001-0005--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Fund . . . 136,000
3910-001-0100--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the California Used Oil Recycling Fund . . . 4,520,000
Provisions:
1. Notwithstanding subdivision (d) of Section 48653 of the Public
Resources Code, the aggregate of appropriations from the California
Used Oil Recycling Fund may exceed $3,000,000 during the 2004-05
fiscal year.
3910-001-0226--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the California Tire Recycling Management Fund . . . 28,139,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2. Notwithstanding Section 42889 of the Public Resources Code,
expenditures for administration of the Tire Recycling Program may
exceed the limits set forth in subdivisions (a) and (b) of Section
42889 of the Public Resources Code.
3910-001-0281--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the Recycling Market Development Revolving Loan Account,
Integrated Waste Management Fund . . . 1,863,000
3910-001-0386--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the Solid Waste Disposal Site Cleanup Trust Fund . . . 419,000
Provisions:
1. Notwithstanding Section 48020 of the Public Resources Code,
expenditures for administration of the Solid Waste Cleanup Trust
Fund Program may exceed the limits set forth in subdivision (c) of
Section 48020 of the Public Resources Code.
3910-001-0387--For support of California Integrated Waste
Management Board, payable from the Integrated Waste Management
Account, Integrated Waste Management Fund . . . 35,504,000
Schedule:
(1) 11-Waste Reduction and Management . . . 151,635,000
(2) 30.01-Administration . . . 8,413,000
(3) 30.02-Distributed Administration . . . -8,413,000
(4) Reimbursements . . . -200,000
(5) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3910-001-0005) .
. . -136,000
(6) Amount payable from the California Used Oil Recycling Fund
(Item 3910-001-0100) . . . -4,520,000
(7) Amount payable from the California Used Oil Recycling Fund
(paragraph (4) of subdivision (a) of Section 48653 of the Public
Resources Code) . . . -1,440,000
(8) Amount payable from the California Used Oil Recycling Fund
(paragraph (1) of subdivision (a) of Section 48653 of the Public
Resources Code) . . . -3,300,000
(9) Amount payable from the California Tire Recycling Management
Fund (Item 3910-001-0226) . . . -28,139,000
(10) Amount payable from the Recycling Market Development
Revolving Loan Account, Integrated Waste Management Fund (Item
3910-001-0281) . . . -1,863,000
(11) Amount payable from the Solid Waste Disposal Site Cleanup
Trust Fund (Item 3910-001-0386) . . . -419,000
(12) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 3910-006-0387) . . .
-640,000
(13) Amount payable from the Farm and Ranch Solid Waste Cleanup
and Abatement Account (Item 3910-001-0558) . . . -1,020,000
(14) Amount payable from the Rigid Container Account (Item
3910-001-3024) . . . -1,031,000
(15) Amount payable from the Electronic Waste Recovery and
Recycling Account (Item 3910-001-3065) . . . -73,423,000
Provisions:
1. Notwithstanding subdivision (h) of Section 42023.1 of the Public
Resources Code, the California Integrated Waste Management Board
may offset the costs of administering the revolving loan program for
Recycling Market Development Zones with funds appropriated in this
item.
2. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
3910-001-0558--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the Farm and Ranch Solid Waste Cleanup and Abatement
Account . . . 1,020,000
Provisions:
1. Notwithstanding Section 48100 of the Public Resources Code,
expenditures for administration of the Farm and Ranch Solid Waste
Cleanup and Abatement Grant Program may exceed the limits set forth
in paragraph (3)(A) of subdivision (c) of Section 48100 of the Public
Resources Code.
3910-001-3024--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the Rigid Container Account . . . 1,031,000
3910-001-3065--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the Electronic Waste Recovery and Recycling Account . . .
73,423,000
3910-003-0100--For transfer by the Controller, upon notification by
the board, of an amount not to exceed the appropriation in this item,
from the California Used Oil Recycling Fund to the Farm and Ranch
Solid Waste Cleanup and Abatement Account pursuant to paragraph
(2)(A) of subdivision (c) of Section 48100 of the Public Resources
Code . . . (333,000)
3910-003-0226--For transfer by the Controller, upon notification by
the board, of an amount not to exceed the appropriation in this item,
from the California Tire Recycling Management Fund to the Farm and
Ranch Solid Waste Cleanup and Abatement Account pursuant to
paragraph (2)(A) of subdivision (c) of Section 48100 of the Public
Resources Code . . . (333,000)
3910-003-0387--For transfer by the Controller from the Integrated
Waste
Management Account, Integrated Waste Management Fund, to
the Recycling Market Development Revolving Loan Account as a loan
pursuant to subdivision (a) of Section 42023.2 of the Public
Resources Code . . . (5,000,000)
3910-004-0387--For transfer by the Controller from the Integrated
Waste Management Account, Integrated Waste Management Fund, to
the Solid Waste Disposal Site Cleanup Trust Fund pursuant to
paragraph (1) of subdivision (c) of Section 48027 of the Public
Resources Code . . . (5,000,000)
3910-005-0387--For transfer by the Controller, upon notification by
the board, of an amount not to exceed the appropriation in this item,
from the Integrated Waste Management Account, Integrated Waste
Management Fund, to the Farm and Ranch Solid Waste Cleanup and
Abatement Account pursuant to paragraph (2)(A) of subdivision (c) of
Section 48100 of the Public Resources Code . . . (334,000)
3910-006-0387--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable
from the Integrated Waste Management Account, Integrated Waste
Management Fund . . . 640,000
3910-101-0226--For local assistance, California Integrated Waste
Management Board, payable from the California Tire Recycling
Management Fund . . . 4,000,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
3910-101-0387--For local assistance, California Integrated Waste
Management Board, payable from the Integrated Waste Management
Account, Integrated Waste Management Fund . . . 5,904,000
3930-001-0106--For support of Department of Pesticide Regulation .
. . 39,083,000
Schedule:
(1) 12-Registration and Health Evaluation . . . 16,438,000
(2) 17-Pest Management, Environmental Monitoring, Enforcement,
and Licensing . . . 26,051,000
(3) 20.10-Executive and Administrative Services . . . 7,857,000
(4) 20.20-Distributed Executive and Administrative Services . . .
-7,857,000
(5) Reimbursements . . . -479,000
(6) Amount payable from the California Environmental License Plate
Fund (Item 3930-001-0140) . . . -454,000
(7) Amount payable from the Food Safety Account (Item
3930-001-0224) . . . -306,000
(8) Amount payable from the Federal Trust Fund (Item
3930-001-0890) . . . -2,167,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
3930-001-0140--For support of Department of Pesticide Regulation,
for payment to Item 3930-001-0106, payable from the California
Environmental License Plate Fund . . . 454,000
3930-001-0224--For support of Department of Pesticide Regulation,
for payment to Item 3930-001-0106, payable from the Food Safety
Account . . . 306,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
3930-001-0890--For support of Department of Pesticide Regulation,
for payment to Item 3930-001-0106, payable from the Federal Trust
Fund . . . 2,167,000
3930-003-0106--For transfer by the Controller from the Department
of Pesticide Regulation Fund to the Food Safety Account pursuant to
Section 12846.5 of the Food and Agricultural Code . . . (176,000)
3930-295-0001--For local assistance, Department of Pesticide
Regulation, for reimbursement, in accordance with the provisions of
Section 6 of Article XIII B of the California Constitution or Section
17561 of the Government Code, of the costs of any new program or
increased level of service of an existing program mandated by statute
or executive order, for disbursement by the State Controller . . .
1,000
Schedule:
(1) 98.01.120.089-Pesticide Use Reports (Ch. 1200, Stats. 89) . . .
1,000
Provisions:
1. Except as provided in Provision 2, allocations of funds provided
in
this item to the appropriate local entities shall be made by the
State
Controller in accordance with the provisions of each statute or
executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3940-001-0001--For support of State Water Resources Control Board
. . . 27,358,000
Schedule:
(1) 10-Water Quality . . . 387,080,000
(2) 20-Water Rights . . . 10,362,000
(3) 30.01-Administration . . . 13,512,000
(4) 30.02-Distributed Administration . . . -13,512,000
(5) Reimbursements . . . -9,772,000
(6) Amount payable from the Unified Program Account (Item
3940-001-0028) . . . -491,000
(7) Amount payable from the Waste Discharge Permit Fund (Item
3940-001-0193) . . . -55,913,000
(8) Amount payable from the Marine Invasive Species Control Fund
(Item 3940-001-0212) . . . -74,000
(9) Amount payable from the Public Resources Account, Cigarette and
Tobacco Products Surtax Fund (Item 3940-001-0235) . . . -2,104,000
(10) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 3940-001-0387) . . .
-5,284,000
(11) Amount payable from the State Revolving Fund Loan Subaccount
(Item 3940-001-0417) . . . -511,000
(12) Amount payable from the Small Communities Grant Subaccount
(Item 3940-001-0418) . . . -739,000
(13) Amount payable from the Water Recycling Subaccount (Item
3940-001-0419) . . . -150,000
(14) Amount payable from the Drainage Management Subaccount
(Item 3940-001-0422) . . . -511,000
(16) Amount payable from the Seawater Intrusion Control Subaccount
(Item 3940-001-0424) . . . -38,000
(17) Amount payable from the Underground Storage Tank Tester
Account (Item 3940-001-0436) . . . -61,000
(18) Amount payable from the Underground Storage Tank Cleanup
Fund (Item 3940-001-0439) . . . -243,084,000
(19) Amount payable from the Underground Storage Tank Fund (Item
3940-001-0475) . . . -400,000
(20) Amount payable from the Surface Impoundment Assessment
Account (Item 3940-001-0482) . . . -180,000
(21) Amount payable from the 1984 State Clean Water Bond Fund
(Item 3940-001-0740) . . . -312,000
(22) Amount payable from the Federal Trust Fund (Item
3940-0010890) . . . -32,619,000
(23) Amount payable from the Water Rights Fund (Item
3940-001-3058) . . . -9,264,000
(24) Amount payable from the Watershed Protection Subaccount (Item
3940-001-6013) . . . -1,035,000
(25) Amount payable from the Santa Ana River Watershed
Subaccount (Item 3940-001-6016) . . . -1,027,000
(26) Amount payable from the Lake Elsinore and San Jacinto
Watershed Subaccount (Item 3940-001-6017) . . . -43,000
(27) Amount payable from the Nonpoint Source Pollution Control
Subaccount (Item 3940-001-6019) . . . -1,201,000
(28) Amount payable from the State Revolving Fund Loan Subaccount
(Item 3940-001-6020) . . . -81,000
(29) Amount payable from the Wastewater Construction Grant
Subaccount (Item 3940-001-6021) . . . -22,000
(30) Amount payable from the Coastal Nonpoint Source Control
Subaccount (Item 3940-001-6022) . . . -1,051,000
(31) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3940-001-6031) . . .
-4,117,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Director of Finance, the State Water Resources Control
Board may borrow sufficient funds for cash purposes from special
funds that otherwise provide support for the board. Any such loans
are
to be repaid with interest at the rate earned in the Pooled Money
Investment Account.
3940-001-0028--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Unified
Program Account . . . 491,000
Provisions:
1. It is intended that the total funding provided in this item and
Item
3940-001-0475 be maintained in 2004-05 for the state underground
storage tank regulatory activities. In the event that revenues for
the
Unified Program Account are insufficient to support the appropriation
in this item because of delays in shifting programmatic
responsibilities to certified unified program agencies, this item may
be reduced and a corresponding increase of an equal or lesser amount
may be made to Item 3940-001-0475, upon approval of the
Department of Finance.
3940-001-0193--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Waste
Discharge Permit Fund . . . 55,913,000
3940-001-0212--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001 payable from the Marine
Invasive Species Control Fund . . . 74,000
3940-001-0235--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Public
Resources Account, Cigarette and Tobacco Products Surtax Fund . . .
2,104,000
3940-001-0387--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Integrated Waste Management Account, Integrated Waste Management
Fund . . . 5,284,000
3940-001-0417--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the State
Revolving Fund Loan Subaccount . . . 511,000
3940-001-0418--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Small
Communities Grant Subaccount . . . 739,000
3940-001-0419--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Water
Recycling Subaccount . . . 150,000
3940-001-0422--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Drainage Management Subaccount . . . 511,000
3940-001-0424--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Seawater Intrusion Control Subaccount . . . 38,000
3940-001-0436--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Underground Storage Tank Tester Account . . . 61,000
3940-001-0439--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Underground Storage Tank Cleanup Fund . . . 243,084,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
3940-001-0475--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Underground Storage Tank Fund . . . 400,000
Provisions:
1. Pursuant to subdivision (b) of Section 25287 of the Health and
Safety Code, the surcharge to be included in the fee paid to a local
agency by each person who submits an application for a permit to
operate an underground storage tank shall be $56 per tank, during the
2004-05 fiscal year. This surcharge shall be transmitted to the State
Water Resources Control Board and deposited in the Underground
Storage Tank Fund.
3940-001-0482--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Surface
Impoundment Assessment Account Fund . . . 180,000
3940-001-0740--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the 1984
State Clean Water Bond Fund . . . 312,000
3940-001-0890--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Federal
Trust Fund . . . 32,619,000
3940-001-3058--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Water
Rights Fund . . . 9,264,000
3940-001-6013--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Watershed Protection Subaccount . . . 1,035,000
3940-001-6016--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Santa
Ana River Watershed Subaccount . . . 1,027,000
3940-001-6017--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Lake
Elsinore and San Jacinto Watershed Subaccount . . . 43,000
3940-001-6019--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Nonpoint Source Pollution Control Subaccount . . . 1,201,000
3940-001-6020--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the State
Revolving Fund Loan Subaccount . . . 81,000
3940-001-6021--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Wastewater Construction Subaccount . . . 22,000
3940-001-6022--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the
Nonpoint Source Control Subaccount . . . 1,051,000
3940-001-6031--For support of State Water Resources Control
Board, for payment to Item 3940-001-0001, payable from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund
of 2002 . . . 4,117,000
3940-101-0001--For local assistance, State Water Resources Control
Board . . . 0
Schedule:
(1) 10-Water Quality . . . 62,100,000
(2) Amount payable from the Water Recycling Subaccount (Item
3940-101-0419) . . . -21,689,000
(3) Amount payable from the Watershed Protection Subaccount (Item
3940-101-6013) . . . -1,423,000
(4) Amount payable from the Nonpoint Source Pollution Control
Subaccount (Item 3940-101-6019) . . . -1,047,000
(5) Amount payable from the Coastal Nonpoint Source Control
Subaccount (Item 3940-101-6022) . . . -2,941,000
(6) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3940-101-6031) . . .
-35,000,000
3940-101-0419--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the Water
Recycling Subaccount, to be available for expenditure until June 30,
2007 . . . 21,689,000
3940-101-6013--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the
Watershed Protection Subaccount, to be available for expenditure
until June 30, 2007 . . . 1,423,000
3940-101-6019--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the
Nonpoint Source Pollution Control Subaccount to be available for
expenditure until June 30, 2007 . . . 1,047,000
3940-101-6022--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the Coastal
Nonpoint Source Control Subaccount to be available for ex- penditure
until June 30, 2007 . . . 2,941,000
3940-101-6031--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund
of 2002 . . . 35,000,000
Provisions:
1. Notwithstanding any other provision of law, the amount
appropriated in this item shall be available for expenditure until
June
30, 2007, and may be used to provide grants to local, state, federal,
and private entities for projects.
2. Grants made pursuant the Water Recycling Grant Program, funded
in this item, and Item 3940-101-6031 of the Budget Act of 2003 (Ch.
157, Stats. 2003), shall, upon award of a grant by the State Water
Resources Control Board, be available for reimbursement of eligible
costs incurred after January 1, 2004.
3940-490--Reappropriation, State Water Resources Control Board.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citation is extended to June 30, 2005:
0001--General Fund
(1) Item 3940-001-0001, Budget Act of 2001 (Ch. 106, Stats. 2001)
(1) 10-Water Quality
3940-491--Reappropriation, State Water Resources Control Board.
The amount specified in the appropriation provided in the following
citation is reappropriated for the purpose of making agricultural
water
quality grants and shall be available for encumbrance or expenditure
until June 30, 2005:
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) $9,500,000 in Item 3940-101-6031, Budget Act of 2003 (Ch. 157,
Stats. 2003)
3960-001-0001--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014 . . . 17,150,000
Provisions:
1. The Director of the Department of Toxic Substances Control may
expend from this item: (a) $8,989,000 for the following activities at
the Stringfellow Federal Superfund site: (1) operation and
maintenance of pretreatment plants to treat contaminated groundwater
extracted from the site, (2) site maintenance and groundwater
monitoring, and (3) implementation of work to stabilize the site, and
(b) $6,618,000 for the operation of the Illegal Drug Laboratory
Removal Program.
2. Notwithstanding Section 2.00 of this act, the funds appropriated
for
removal and remedial action at the Stringfellow Federal Superfund
site shall be available for encumbrance for three fiscal years
subsequent to the fiscal year in which the funds are appropriated,
and
disbursements in liquidation of encumbrances shall be pursuant to
Section 16304.1 of the Government Code.
3. Of the amount appropriated in this item, $750,000 shall be used
for
the purposes of emergency response activity pursuant to Section
25354 of the Health and Safety Code, in lieu of the appropriation
made pursuant to that section.
3960-001-0014--For support of Department of Toxic Substances
Control, payable from the Hazardous Waste Control Account . . .
45,392,000
Schedule:
(1) 12-Site Mitigation and Brownfields Reuse . . . 69,659,000
(2) 13-Hazardous Waste Management . . . 58,348,000
(3) 19.01-Administration . . . 32,829,000
(4) 19.02-Distributed Administration . . . -32,829,000
(5) 20-Science, Pollution Prevention and Technology . . . 11,822,000
(6) Reimbursements . . . -8,501,000
(7) Amount payable from General Fund (Item 3960-001-0001) . . .
-17,150,000
(8) Amount payable from Unified Program Account (Item
3960-001-0028) . . . -1,006,000
(9) Amount payable from Illegal Drug Lab Cleanup Account (Item
3960-001-0065) . . . -2,071,000
(10) Amount payable from California Used Oil Recycling Fund (Item
3960-001-0100) . . . -343,000
(11) Amount payable from Toxic Substances Control Account (Item
3960-001-0557) . . . -42,740,000
(12) Amount payable from Federal Trust Fund (Item 3960-001-0890)
. . . -21,516,000
(13) Amount payable from Environmental Quality Assessment Fund
(Item 3960-001-3035) . . . -553,000
(14) Amount payable from Electronic Waste Recovery and Recycling
Account (Item 3960-001-3065) . . . -557,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Director of Finance, the Department of Toxic Substances
Control may borrow sufficient funds from special funds that otherwise
provide support for the department for cash purposes. Any such loans
are to be repaid with interest at the rate earned by the Pooled Money
Investment Account.
2. Notwithstanding any other provision of law, upon request of the
Director of the Department of Toxic Substances Control, and approval
of the Department of Finance, the Controller shall increase the
appropriation in this item in an amount necessary to pay the Board
of
Equalization any additional costs the board may incur to make refunds
required by Chapter 737 of the Statutes of 1998, provided sufficient
funds are available for such purposes and the board provides
workload information that justifies the increase.
3960-001-0018--For support of Department of Toxic Substances
Control, payable from the Site Remediation Account . . . 8,258,000
Schedule:
(1) 12-Site Mitigation and Brownfields Reuse . . . 8,258,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2. The Director of the Department of Toxic Substances Control shall
report, in writing, not later than 90 days after the end of the
fiscal year
to the Chairperson of the Joint Legislative Budget Committee, the
chairpersons of the legislative fiscal committees that act on the
department's budget, the Chairperson of the Environmental Safety and
Toxic Materials Committee of the Assembly, and the Chairperson of
the Environmental Quality Committee of the Senate, actions taken
under this provision.
3. Notwithstanding Section 2.00 of the Budget Act, this appropriation
shall be available in accordance with the provisions of Section
25330.2 of the Health and Safety Code.
3960-001-0028--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
Unified Program Account . . . 1,006,000
3960-001-0065--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the Illegal
Drug Lab Cleanup Account . . . 2,071,000
3960-001-0100--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
California Used Oil Recycling Fund . . . 343,000
3960-001-0456--For support of Department of Toxic Substances
Control, payable from the Expedited Site Remediation Trust Fund . . .
2,920,000
Schedule:
(1) 12-Site Mitigation and Brownfields Reuse . . . 2,920,000
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, and approval by the
Department of Finance, the Controller shall augment the appropriation
in this item to pay costs associated with orphan shares at sites
selected for the Expedited Site Remediation Pilot Program from any
uncommitted funds in the Expedited Site Remediation Trust Fund.
2. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
3960-001-0557--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the Toxic
Substances Control Account . . . 42,740,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
2. The amount appropriated in this item includes state oversight
costs
at military installations. The expenditure of these funds shall not
relieve the federal government of the responsibility to pay for all
state
oversight costs. The department shall take all steps necessary to
recover these costs from the federal government, including, but not
limited to, filing civil actions authorized by state and federal law.
3960-001-0890--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
Federal Trust Fund . . . 21,516,000
3960-001-3035--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
Environmental Quality Assessment Fund . . . 553,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order of the Director of Finance, the Department of Toxic Substances
Control may borrow for cash purposes sufficient funds from special
funds that otherwise provide support for the department. Any such
loans are to be repaid with interest at the rate earned by the Pooled
Money Investment Account.
3960-001-3065--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
Electronic Waste Recovery and Recycling Account . . . 557,000
3960-011-0294--For transfer by the Controller from the subaccount
for removal and remedial action in the Hazardous Substance Account
to the Toxic Substances Control Account . . . (250,000)
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, the Controller shall transfer
those funds deposited in the subaccount for removal and remedial
action in the Hazardous Substance Account to the Toxic Substances
Control Account in an amount sufficient to fund the department's
costs
of providing oversight to sites with deposits in the subaccount for
removal and remedial action. The amount of funds transferred for the
oversight of a given site shall not exceed the amount deposited in
the
subaccount for removal and remedial action pursuant to the settlement
for that specific site.
3960-011-0557--For transfer by the Controller from the Toxic
Substances Control Account to the Expedited Site Remediation Trust
Fund . . . (471,000)
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, the Controller shall transfer
funds from the Toxic Substances Control Account to the Expedited
Site Remediation Trust Fund, pursuant to Chapter 6.85 (commencing
with Section 25396) of Division 20 of the Health and Safety Code.
The amount of the funds transferred shall not exceed the proceeds of
fines and penalties deposited in the Toxic Substances Control
Account in the 2004-05 fiscal year, exclusive of the fines and
penalties transferred to the Hazardous Substance Account pursuant to
Section 25192 of the Health and Safety Code for expenditure in
accordance with Section 25385.9 of the Health and Safety Code.
2. The amount specified in this item is an estimate of the funds
available from the proceeds of fines and penalties described in
Provision 1, and does not represent a limit on the funds that may be
transferred.
3. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
3960-011-1003--For transfer by the Controller from the Cleanup
Loans and Environmental Assistance to Neighborhoods Account to the
Toxic Substances Control Account . . . (424,000)
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, the Controller shall transfer
up to $424,000 to the Toxic Substances Control Account based on
actual costs incurred by the department for its oversight of Cleanup
Loans and Environmental Assistance to Neighborhoods loan projects,
provided that sufficient funds are available for those purposes.
3960-012-0557--For transfer by the Controller from the Toxic
Substances Control Account to the Site Remediation Account . . .
(7,927,000)
3960-013-0557--For transfer by the Controller from the Toxic
Substances Control Account to the Hazardous Substance Account . . .
(3,000,000)
Provisions:
1. Upon request of the Department of Toxic Substances Control, the
Controller shall transfer up to $3,000,000 to the Hazardous Substance
Account, pursuant to this item.
3960-014-0557--For transfer, upon order of the Director of Finance,
from the Toxic Substances Control Account to the General Fund . . .
(970,000)
Provisions:
1. Notwithstanding Health and Safety Code Section 25353, the
transfer made by this item is a loan to the General Fund for the
state's
liability at the ASARCO, also known as the Selby site. This loan
shall
be fully repaid by June 30, 2010, with interest calculated at the
rate
earned by the Pooled Money Investment Account at the time of the
transfer.
3980-001-0001--For support of Office of Environmental Health
Hazard Assessment . . . 7,416,000
Schedule:
(1) 10-Health Risk Assessment . . . 13,883,000
(2) Reimbursements . . . -1,560,000
(2.5) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 3980-001-0044) . . . -2,123,000
(3) Amount payable from the California Used Oil Recycling Fund
(Item 3980-001-0100) . . . -487,000
(4) Amount payable from the Department of Pesticide Regulation
Fund (Item 3980-001-0106) . . . -766,000
(5) Amount payable from the California Environmental License Plate
Fund (Item 3980-001-0140) . . . -787,000
(6) Amount payable from the Integrated Waste Management Account
(Item 3980-001-0387) . . . -297,000
(7) Amount payable from the Underground Storage Tank Cleanup
Fund (Item 3980-001-0439) . . . -110,000
(8) Amount payable from the Safe Drinking Water and Toxic
Enforcement Fund (Item 3980-001-3056) . . . -337,000
3980-001-0044--For support of Office of Environmental Health
Hazard Assessment, for payment to Item 3980-001-0001, payable
from the Motor Vehicle Account, State Transportation Fund . . .
2,123,000
3980-001-0100--For support of Office of Environmental Health
Hazard Assessment, for payment to Item 3980-001-0001, payable
from the California Used Oil Recycling Fund . . . 487,000
3980-001-0106--For support of Office of Environmental Health
Hazard Assessment, for payment to Item 3980-001-0001, payable
from the Department of Pesticide Regulation Fund . . . 766,000
3980-001-0140--For support of Office of Environmental Health
Hazard Assessment, for payment to Item 3980-001-0001, payable
from the California Environmental License Plate Fund . . . 787,000
3980-001-0387--For support of Office of Environmental Health
Hazard Assessment, for payment to Item 3980-001-0001, payable
from the Integrated Waste Management Account, Integrated Waste
Management Fund . . . 297,000
3980-001-0439--For support of Office of Environmental Health
Hazard Assessment, for payment to Item 3980-001-0001, payable
from the Underground Storage Tank Cleanup Fund . . . 110,000
3980-001-3056--For support of Office of Environmental Health
Hazard Assessment, for payment to Item 3980-001-0001, payable
from the Safe Drinking Water and Toxic Enforcement Fund . . .
337,000
HEALTH AND HUMAN SERVICES
4100-001-0890--For support of the State Council on Developmental
Disabilities, payable from the Federal Trust Fund . . . 6,725,000
Schedule:
(1) 10-State Council Planning and Administration . . . 1,380,000
(2) 20-Community Program Development . . . 1,987,000
(3) 40-Regional Offices and Local Area Boards . . . 9,084,000
(4) Reimbursements . . . -5,726,000
4100-490--Reappropriation, State Council on Developmental
Disabilities. Notwithstanding any other provision of law, the balance
of the amount appropriated for the State Council on Developmental
Disabilities, payable from the Federal Trust Fund, in Item
4100-001-0890 of the Budget Act of 2003 (Ch. 157, Stats. 2003) is
reappropriated for transfer to and in augmentation of Item
4100-001-0890 of this Budget Act for the following purposes:
(a) To augment the allocation to the Program Development Fund.
(b) To fund the cost of salary and benefit increases approved by the
Legislature that exceed the Budget Act appropriation.
(c) To fund the implementation of any portion of the state plan as
approved by the council.
4120-001-0001--For support of Emergency Medical Services
Authority . . . 957,000
Schedule:
(1) 10-Emergency Medical Services Authority . . . 5,685,000
(2) Reimbursements . . . -1,713,000
(3) Amount payable from the Emergency Medical Services Training
Program Approval Fund (Item 4120-001-0194) . . . -270,000
(4) Amount payable from the Emergency Medical Services Personnel
Fund (Item 4120-001-0312) . . . -1,148,000
(5) Amount payable from the Federal Trust Fund (Item
4120-001-0890) . . . -1,597,000
4120-001-0194--For support of Emergency Medical Services
Authority, for payment to Item 4120-001-0001, payable from the
Emergency Medical Services Training Program Approval Fund . . .
270,000
4120-001-0312--For support of Emergency Medical Services
Authority, for payment to Item 4120-001-0001, payable for the
Emergency Medical Services Personnel Fund . . . 1,148,000
4120-001-0890--For support of Emergency Medical Services
Authority, for payment to Item 4120-001-0001, payable from the
Federal Trust Fund . . . 1,597,000
4120-101-0001--For local assistance, Emergency Medical Services
Authority, grants to local agencies . . . 9,786,000
Schedule:
(1) 10-Emergency Medical Services Authority . . . 16,990,000
(2) Reimbursements . . . -5,200,000
(3) Amount payable from the Federal Trust Fund (Item
4120-101-0890) . . . -2,004,000
Provisions:
1. The General Fund support for poison control centers shall augment,
but not replace, local expenditures for existing poison control
center
services. These funds shall be used primarily to increase services to
underserved counties and populations and for poison prevention and
information services. The Director of the Emergency Medical
Services Authority may contract with eligible poison control centers
for the distribution of these funds.
2. The Emergency Medical Services Authority shall use the following
guidelines in administering state-funded grants to local agencies:
(a)
funding eligibility shall be limited to rural multicounty regions
that
demonstrate a heavy use of the emergency medical services system by
nonresidents, (b) local agencies shall provide matching funds of at
least $1 for each dollar of state funds received, (c) state funding
shall
be used to provide only essential minimum services necessary to
operate the system, as defined by the authority, (d) no region shall
receive both federal and state funds in the same fiscal year for the
same purpose, and (e) the Emergency Medical Services Authority
shall monitor the use of the funds by recipients to assure that these
funds are used in an appropriate manner.
3. Each region shall be eligible to receive up to one-half of the
total
cost of a minimal system for that region, as defined by the Emergency
Medical Services Authority. However, the authority may reallocate
unclaimed funds among regions.
4. Notwithstanding Provision 2(b), each region with a population of
300,000 or less as of June 30, 2002, shall receive the full amount
for
which it is eligible if it provides a cash match of $0.41 per capita
or
more. Failure to provide local cash contributions at the specified
level shall result in a proportional reduction in state funding.
4120-101-0890--For local assistance, Emergency Medical Services
Authority, Program 10, for payment to Item 4120-101-0001, payable
from the Federal Trust Fund . . . 2,004,000
4130-001-0632--For support of California Health and Human
Services Agency Data Center, payable from the California Health and
Human Services Agency Data Center Revolving Fund . . .
324,750,000
Schedule:
(1) 25-Operations . . . 120,874,000
(2) 30-Systems Management Services . . . 203,876,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for unanticipated workload
resulting from services provided to client departments or as
appropriated in a client department's budget for the California
Health
and Human Services Agency Data Center in excess of the amount
appropriated no sooner than 30 days after providing notification in
writing to the chairperson of the fiscal committee of each house of
the
Legislature and the Chairperson of the Joint Legislative Budget
Committee, or no sooner than such lesser time as the chairperson of
the committee, or his or her designee, may in each instance
determine.
2. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated pursuant to Section 11797 of
the Government Code.
3. Notwithstanding any other provision of law, the California Health
and Human Services Agency Data Center shall submit a Feasibility
Study Report or equivalent federal planning document to the
Department of Finance for review and approval prior to award of the
systems implementation contract for each welfare automation
consortium.
4. Expenditure authority provided in this item to support data center
infrastructure projects may only be utilized for items outside the
approved scope of those projects if these changes are supported by
documentation prepared and processed in accordance with the state's
established administrative and legislative reporting requirements.
Changes in project scope must receive approval using the established
administrative and legislative reporting requirements.
5. Notwithstanding any other provision of law, upon request by the
Health and Human Services Agency Data Center (HHSDC), the
Director of Finance may augment the amount available for expenditure
in this item to pay costs associated with the planning and
procurement
of the migration of the hosting function of the Child Welfare
Services/Case Management System (CWS/CMS) to the HHSDC, upon
approval by the federal government of the State's "Go-Forward" plan
for the CWS/CMS project. The augmentation may be effected not
sooner than 30 days after notification in writing of the necessity
therefor to the chairperson of the committee in each house of the
Legislature that considers appropriations and the Chairperson of the
Joint Legislative Budget Committee, or not sooner than whatever
lesser time the chairperson of the committee, or his or her designee,
may in each instance determine. The increased expenditures authority
granted pursuant to this provision shall be consistent with the
amount
approved by the Director of Finance based on his or her review of
the special project report or equivalent document.
6. On or before September 1, 2004, the Health and Human Services
Agency Data Center shall submit to the Department of Finance and the
Legislative Analyst's Office a report detailing the cost factors
reflected in the 2004-05 rates. This report shall include: (a) a
statement of the department's expenditures and revenues, by function,
(b) information detailing the incremental changes to rates between
fiscal years, including the reason for, and aggregate amount of, the
change, and (c) for each client department, the actual amounts
charged
in the 2002-03 and 2003-04 fiscal years, and proposed in the 2004-05
fiscal year. The Department of Finance shall use this report to
review
the current methodologies used to set rates and shall provide a
report
of its findings as part of the Governor's Budget for the 2005-06
fiscal
year.
4130-490--Reappropriation, California Health and Human Services
Agency Data Center. Notwithstanding any other provision of law, the
balance of the funds for the appropriations provided in the following
citations is reappropriated for expenditure pursuant to Provision 1
and
is available for encumbrance or expenditure until June 30, 2005:
0632--Revolving Fund
Item 4130-001-0632, Budget Act of 2003 (Ch. 157, Stats. 2003)
Provisions:
1. It is the intent of this item to continue funding approved
activities
for the automation projects that, due to schedule changes, result in
unexpended appropriations for one year and the need for additional
funding in the following year. Therefore, notwithstanding any other
provision of law, the balance of the appropriations for these
automation projects may, upon approval of the Department of Finance,
be reappropriated for transfer to and in augmentation of the
corresponding items in this act. The funds reappropriated by this
provision shall be made available consistent with the amount
approved by the Department of Finance based on an approved special
project report or equivalent document not sooner than 30 days after
providing notification in writing to the chairperson of the fiscal
committee of each house of the Legislature and the Chairperson of the
Joint Legislative Budget Committee.
4140-001-0001--For support of Office of Statewide Health Planning
and Development . . . 0
Schedule:
(1) 10-Health Care Quality and Analysis . . . 5,967,000
(2) 30-Health Care Workforce . . . 6,422,000
(3) 42-Facilities Development . . . 27,638,000
(4) 45-Cal-Mortgage Loan Insurance . . . 4,311,000
(5) 60-Health Care Information . . . 8,651,000
(6) 80.01-Administration . . . 10,087,000
(7) 80.02-Distributed Administration . . . -9,862,000
(8) Reimbursements . . . -1,283,000
(9) Amount payable from the Hospital Building Fund (Item
4140-001-0121) . . . -27,196,000
(10) Amount payable from the California Health Data and Planning
Fund (Item 4140-001-0143) . . . -16,313,000
(11) Amount payable from the Registered Nurse Education Fund (Item
4140-001-0181) . . . -1,897,000
(12) Amount payable from the Federal Trust Fund (Item
4140-001-0890) . . . -285,000
(13) Amount payable from the Mental Health Practitioner Education
Fund (Item 4140-001-3064) . . . -206,000
(14) Amount payable from the Vocational Nurse Education Fund (Item
4140-001-3068) . . . -131,000
(15) Amount payable from the Health Facilities Construction Loan
Insurance Fund (Section 129200, Health and Safety Code) . . .
-4,311,000
(16) Amount payable from the Health Professions Education Fund
(Section 128355, Health and Safety Code) . . . -1,592,000
4140-001-0121--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Hospital Building Fund . . . 27,196,000
Provisions:
1. Notwithstanding any other provision of law, upon request by the
Office of Statewide Health Planning and Development, the
Department of Finance may augment the amount available for
expenditure in this item to pay costs associated with the review of
hospital building plans. The augmentation may be effected not sooner
than 30 days after notification in writing of the necessity thereof
to the
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, or not sooner than whatever lesser time the
chairperson of the committee, or his or her designee, may determine.
4140-001-0143--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the California Health Data and Planning Fund . . . 16,313,000
4140-001-0181--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Registered Nurse Education Fund . . . 1,897,000
4140-001-0890--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Federal Trust Fund . . . 285,000
4140-001-3064--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Mental Health Practitioner Education Fund . . . 206,000
4140-001-3068--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Vocational Nurse Education Fund . . . 131,000
4140-001-8007--For support of Office of Statewide Health Planning
and Development, payable from the Specialty Care Fund . . . 0
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Office of Statewide Health Planning and Development, the
Department of Finance may authorize expenditures of up to $200,000
in excess of the amount appropriated in this item, if sufficient
funds
are available in the Specialty Care Fund, to pay costs associated
with
fundraising activities by a nonprofit organization as specified in
Chapter 520, Statutes of 2001, not sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of
the committee in each house of the Legislature that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee. The funds appropriated by this provision shall be made
available consistent with the amount approved by the Department of
Finance based on its review of the proposed contractual agreement for
the fundraising activities.
4140-017-0143--For support of Office of Statewide Health Planning
and Development, payable from the California Health Data and
Planning Fund . . . 99,000
Schedule:
(1) 60-Healthcare Information . . . 99,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
4140-101-0001--For local assistance, Office of Statewide Health
Planning and Development . . . 0
Schedule:
(1) 30-Healthcare Workforce . . . 5,331,000
(2) Reimbursements . . . -400,000
(2.5) Amount payable from California Health Data and Planning Fund
(Item 4140-101-0143) . . . (-3,931,000)
(3) Amount payable from the Federal Trust Fund (Item
4140-1010890) . . . -1,000,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act, or
any
other provision of law, the funds appropriated in this item for
contracts with accredited medical schools or programs that train
primary care physicians' assistants or primary care nurse
practitioners, as well as contracts with hospitals or other health
care
delivery systems located in California, that meet the standards of
the
Health Manpower Policy Commission established pursuant to Article
1 (commencing with Section 128200) of Chapter 4 of Part 3 of
Division 107 of the Health and Safety Code, shall continue to be
available for the 2005-06, 2006-07, and 2007-08 fiscal years.
4140-101-0143--For local assistance, Office of Statewide Health
Planning and Development, for payment to Item 4140-101-0001,
payable from the California Health Data and Planning Fund . . .
3,931,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act, or
any
other provision of law, the funds appropriated in this item for
contracts with accredited medical schools, or programs that train
primary care physicians' assistants or primary care nurse
practitioners, as well as contracts with hospitals or other health
care
delivery systems located in California, that meet the standards of
the
California Healthcare Workforce Policy Commission established
pursuant to Article 1 (commencing with Section 128200) of Chapter 4
of Part 3 of Division 107 of the Health and Safety Code, shall
continue to be available for the 2005-06, 2006-07, and 2007-08 fiscal
years.
4140-101-0890--For local assistance, Office of Statewide Health
Planning and Development, for payment to Item 4140-101-0001,
payable from the Federal Trust Fund . . . 1,000,000
4170-001-0001--For support of Department of Aging . . . 3,529,000
Schedule:
(.5) 10-Nutrition . . . 2,547,000
(1) 11-Aging Programs . . . 81,000
(1.5) 20-Senior Community Employment Service . . . 598,000
(2.1) 30-Supportive Services and Centers . . . 4,868,000
(2.2) 40-Special Projects . . . 5,921,000
(3) 50.01-Administration . . . 13,568,000
(4) 50.02-Distributed Administration . . . -13,568,000
(5) Reimbursements . . . -3,058,000
(6) Amount payable from the State HICAP Fund (Item
4170-0010289) . . . -193,000
(7) Amount payable from the Federal Trust Fund (Item
4170-001-0890) . . . -7,135,000
(8) Amount payable from the Federal Citation Penalties Account,
Special Deposit Fund (Item 4170-003-0942) . . . -100,000
4170-001-0289--For support of Department of Aging, for payment to
Item 4170-001-0001, payable from the State HICAP Fund . . .
193,000
4170-001-0890--For support of Department of Aging, for payment to
Item 4170-001-0001, payable from the Federal Trust Fund . . .
7,135,000
Provisions:
1. The Department of Finance may authorize the transfer of funds
between this item and Item 4170-101-0890 no sooner than 30 days
after written notification to the chairpersons of the fiscal
committees
of each house and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the Chairperson
of the Joint Legislative Budget Committee may determine. The
notification shall include: (a) the amount of the proposed transfer;
(b)
an identification of the purposes for which the funds will be used;
(c)
documentation that the proposed activities must be carried out in the
current year and that no other funds are available for their support;
and (d) the impact of any transfer on the level of services.
4170-003-0942--For support of Department of Aging, for payment to
Item 4170-001-0001, payable from the Federal Citation Penalties
Account, Special Deposit Fund . . . 100,000
4170-017-0001--For support of Department of Aging . . . 12,000
Schedule:
(1) 21-Medi-Cal Programs . . . 24,000
(2) Reimbursements . . . -12,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
4170-101-0001--For local assistance, Department of Aging . . .
31,452,000
Schedule:
(1) 11-Aging Programs . . . 2,769,000
(1.1) 10-Nutrition . . . 72,384,000
(1.2) 20-Senior Community Employment Service . . . 9,149,000
(1.3) 30-Supportive Services and Centers . . . 67,832,000
(1.4) 40-Special Projects . . . 20,739,000
(2) Reimbursements . . . -3,228,000
(3) Amount payable from the State HICAP Fund (Item
4170-101-0289) . . . -1,580,000
(4) Amount payable from the Federal Trust Fund (Item
4170-1010890) . . . -135,171,000
(5) Amount payable from the Federal Citation Penalties Account,
Special Deposit Fund (Item 4170-1030942) . . . -1,442,000
Provisions:
1. To the extent the United States enacts a minimum wage equal to or
greater than that of California, state funding provided in this item
for
the Senior Community Service Employment Program shall revert to
the General Fund.
4170-101-0289--For local assistance, Department of Aging, for
payment to Item 4170-101-0001, payable from the State HICAP Fund
. . . 1,580,000
4170-101-0890--For local assistance, Department of Aging, for
payment to Item 4170-101-0001, payable from the Federal Trust Fund
. . . 135,171,000
Provisions:
1. Provision 1 of Item 4170-001-0890 is also applicable to this item.
2. Notwithstanding subdivision (d) of Section 28.00 of this act, the
Department of Finance, upon notification by the California
Department of Aging, may authorize augmentations in this item for
budget revisions submitted by Area Agencies on Aging and approved
by the Department of Aging for estimated entitlements of per-meal
reimbursements from the U.S. Department of Agriculture and for funds
allocated to Area Agencies on Aging for federal Title III and Title
VII
one-time-only allocations.
4170-103-0942--For local assistance, Department of Aging, for
payment to Item 4170-101-0001, payable from the Federal Citation
Penalties Account, Special Deposit Fund . . . 1,442,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated by
this item shall be allocated by the Department of Aging to each local
ombudsman program in accordance with a formula calculated on the
number of beds in licensed skilled nursing home facilities in each
program's area of service in proportion to the total number of beds
in
licensed skilled nursing homes in the state.
4180-001-0983--For support of Commission on Aging, payable from
the California Fund for Senior Citizens . . . 289,000
Provisions:
1. Funds appropriated in this item from the California Fund for
Senior
Citizens shall be allocated by the Commission on Aging for the
purposes specified in Section 18723 of the Revenue and Taxation
Code.
2. Pursuant to Section 18723 of the Revenue and Taxation Code, the
balance of this item as well as the balance of prior year
appropriations from the California Fund for Senior Citizens may be
carried over and expended in any following fiscal year.
3. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures from the California Fund for
Senior Citizens for the Commission on Aging in excess of the amount
appropriated not sooner than 30 days after notification in writing of
the necessity therefor is provided to the chairpersons of the fiscal
committees and the Chairperson of the Joint Legislative Budget
Committee.
4180-002-0886--For support of Commission on Aging, payable from
the California Seniors Special Fund . . . 70,000
Provisions:
1. Pursuant to Section 18773 of the Revenue and Taxation Code, the
balance of this item as well as the balance of prior year
appropriations from the California Seniors Special Fund may be
carried over and expended in any following fiscal year.
2. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures from the California Seniors
Special Fund for the Commission on Aging in excess of the amount
appropriated not sooner than 30 days after notification in writing of
the necessity therefor is provided to the chairpersons of the fiscal
committees and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the chairperson
of the committee, or his or her designee, may in each instance
determine.
4180-002-0890--For support of Commission on Aging, payable from
the Federal Trust Fund . . . 313,000
4200-001-0001--For support of Department of Alcohol and Drug
Programs . . . 4,578,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 41,379,000
(2) 30.01-State Administration . . . 10,770,000
(3) 30.02-State Administration-- Distributed . . . -10,770,000
(4) Reimbursements . . . -4,252,000
(5) Amount payable from the Driving-Under-the-Influence Program
Licensing Trust Fund (Item 4200-001-0139) . . . -1,634,000
(6) Amount payable from the Narcotic Treatment Program Licensing
Trust Fund (Item 4200-0010243) . . . -1,135,000
(6.5) Amount payable from Indian Gaming Special Distribution Fund
(Item 4200-001-0367) . . . -3,000,000
(7) Amount payable from the Audit Repayment Trust Fund (Item
4200-001-0816) . . . -67,000
(8) Amount payable from the Federal Trust Fund (Item 4200-001-
0890) . . . -23,076,000
(9) Amount payable from the Substance Abuse Treatment Trust Fund
(Item 4200-001-3019) . . . -3,637,000
Provisions:
1. By January 10, 2005, the Department of Alcohol and Drug
Programs shall report to the Chairperson of the Joint Legislative
Budget Committee and the chairs of the fiscal committees of both
houses of the Legislature regarding the feasibility and advisability
of
establishing a quality improvement fee for licensed narcotic
treatment
providers as a means of obtaining additional federal funds for the
support of treatment services, enhancing departmental quality
assurance activities and antifraud efforts, and increasing
reimbursements to Narcotic Treatment Program providers. At its
discretion, the department may also report on any other alternatives
it
determines are feasible and advisable for increasing federal
financial
support of the Drug Medi-Cal Program or other state substance abuse
treatment programs. It is the intent of the Legislature that the
Department of Health Services assist the Department of Alcohol and
Drug Programs in its analysis in matters pertaining to this report
and
relating to compliance with applicable federal Medicaid law and
regulations.
4200-001-0139--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Driving-Under-the-Influence Program Licensing Trust Fund . . .
1,634,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the
Driving-Under-the-Influence Program Licensing Trust Fund in excess
of the amount appropriated not sooner than 30 days after notification
in writing of the necessity therefor is provided to the chairpersons
of
the fiscal committees and the Chairperson of the Joint Legislative
Budget Committee, or not sooner than whatever lesser time the
chairperson of the committee, or his or her designee, may in each
instance determine.
4200-001-0243--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Narcotic Treatment Program Licensing Trust Fund . . . 1,135,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the Narcotic Treatment
Program Licensing Trust Fund in excess of the amount appropriated
not sooner than 30 days after notification in writing of the
necessity
therefor is provided to the chairpersons of the fiscal committees and
the Chairperson of the Joint Legislative Budget Committee, or not
sooner than whatever lesser time the chairperson of the committee, or
his or her designee, may in each instance determine.
4200-001-0367--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Indian Gaming Special Distribution Fund . . . 3,000,000
4200-001-0816--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Audit Repayment Trust Fund . . . 67,000
4200-001-0890--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Federal Trust Fund . . . 23,076,000
Provisions:
1. Of the amount appropriated in this item, $2,050,000 is available
for
information technology projects. These funds may not be expended
without the prior approval of the required planning documents for
technology projects by both the Department of Information Technology
and the Department of Finance.
4200-001-3019--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Substance Abuse Treatment Trust Fund . . . 3,637,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant
to Section 11999.6 of the Health and Safety Code.
2. Notwithstanding any other provision of law, the Department of
Finance may authorize a loan from the General Fund to the Substance
Abuse Treatment Trust Fund for administrative costs of the State
Department of Alcohol and Drug Programs made necessary by the
provisions of the Substance Abuse and Crime Prevention Act of 2000.
The amounts so transferred are in augmentation of Item
4200-001-3019, as directed by the Department of Finance. The
moneys shall be repaid to the General Fund without interest, from the
next annual allocation of the Substance Abuse Treatment Trust Fund
pursuant to Section 11999.6 of the Health and Safety Code, prior to
the distribution of trust funds to the counties and state
departments.
4200-017-0001--For support of Department of Alcohol and Drug
Programs . . . 817,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 1,764,000
(2) Reimbursements . . . -947,000
4200-101-0001--For local assistance, Department of Alcohol and
Drug Programs . . . 31,143,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 288,639,000
(2) Reimbursements . . . -15,395,000
(3) Amount payable from the Federal Trust Fund (Item
4200-1010890) . . . -241,957,000
(4) Amount payable from the Resident-Run Housing Revolving Fund
(Item 4200-101-0977) . . . -144,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer such funds as are necessary between this item and Items
4200-001-0001, 4200-102-0001, 4200-103-0001, and
4200-104-0001. In determining which transfers are necessary
pursuant to this provision, the director shall assess those programs
and operations that have the most critical need. In making this
assessment, the director shall consider such factors as caseload
requirements, availability of personnel to provide essential
services,
other funding sources, and relevant information provided by affected
state agencies.
2. Upon approval by the Department of Finance, one or more
short-term loans not to exceed a cumulative total of $59,745,000 may
be made available from the General Fund when there is a delay in the
allocation of federal Substance Abuse Prevention and Treatment
(SAPT) Block Grant funds to California. The loans shall be repaid,
with interest calculated pursuant to subdivision (a) of Section 16314
of the Government Code, upon receipt of the federal SAPT Block
Grant.
4200-101-0890--For local assistance, Department of Alcohol and
Drug Programs, for payment to Item 4200-101-0001, payable from the
Federal Trust Fund . . . 241,957,000
Provisions:
1. Upon order of the Department of Finance, the Controller shall
transfer funds as necessary between this item and Item
4200-001-0890. In determining which transfers are necessary
pursuant to this provision, the director shall assess those programs
and operations that have the most critical need. In making this
assessment, the director shall consider such factors as caseload
requirements, availability of personnel to provide essential
services,
other funding sources, and relevant information provided by affected
state agencies.
4200-101-0977--For local assistance, Department of Alcohol and
Drug Programs, for payment to Item 4200-101-0001, payable from the
Resident-Run Housing Revolving Fund . . . 144,000
Provisions:
1. To the extent that moneys available in the Resident-Run Housing
Revolving Fund are less than the amount appropriated by this item,
this appropriation shall be limited to that lesser amount.
2. Notwithstanding any other provision of law, if revenues and loan
repayments to the Resident-Run Housing Revolving Fund are
sufficient to create additional allocation workload, the Director of
Finance may authorize expenditures for the Department of Alcohol
and Drug Programs in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her designee, may in each instance determine.
4200-102-0001--For local assistance, Department of Alcohol and
Drug Programs, for perinatal substance abuse treatment programs
(Drug Medi-Cal) . . . 2,183,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 4,366,000
(2) Reimbursements . . . -2,183,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer such funds as are necessary between this item and Items
4200-001-0001, 4200-101-0001, 4200-103-0001, and
4200-104-0001. In determining which transfers are necessary
pursuant to this provision, the director shall assess those programs
and operations that have the most critical need. In making this
assessment, the director shall consider such factors as case- load
requirements, availability of personnel to provide essential
services,
other funding sources, and relevant information provided by affected
state agencies.
2. The funds appropriated by this item, are available to provide
funding for the state's share of expenditures for perinatal substance
abuse services provided to persons eligible for Medi-Cal.
3. The funds appropriated in this item are available to provide
funding
for the state's share of expenditures for substance abuse services
provided to persons eligible for Medi-Cal.
4. Notwithstanding subdivision (a) of Section 2.00 and Section 26.00,
the Department of Finance may authorize a transfer of expenditure
authority between this item and Item 4200-103-0001 so that the funds
appropriated in either item may be used to pay the state and federal
share of prior fiscal years' allowable Medi-Cal costs that exceed the
amount encumbered in prior fiscal years. The Director of Finance
shall notify the Legislature within 10 days after authorizing a
transfer
pursuant to this provision unless prior notification of the transfer
has
been included in the Medi-Cal estimates submitted pursuant to Section
14100.5 of the Welfare and Institutions Code.
5. Effective July 1, 2004, the maximum reimbursement rates for
perinatal Drug Medi-Cal services in the fiscal year shall be the same
rate that was authorized in regulation for the 2002-03 fiscal year.
4200-103-0001--For local assistance, Department of Alcohol and
Drug Programs, Drug Medi-Cal Services . . . 55,165,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 105,181,000
(2) Reimbursements . . . -50,016,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer such funds as are necessary between this item and Items
4200-001-0001, 4200-101-0001, 4200-102-0001, and
4200-104-0001. In determining which transfers are necessary
pursuant to this provision, the director shall assess those programs
and operations that have the most critical need. In making this
assessment, the director shall consider such factors as caseload
requirements, availability of personnel to provide essential
services,
other funding sources, and relevant information provided by affected
state agencies.
2. The funds appropriated in this item are available to provide
funding
for the state's share of expenditures for substance abuse services
provided to persons eligible for Medi-Cal.
3. Notwithstanding subdivision (a) of Section 2.00 and Section 26.00,
the Department of Finance may authorize a transfer of expenditure
authority between this item and Item 4200-102-0001 so that the funds
appropriated in either item may be used to pay the state and federal
share of prior fiscal years' allowable Medi-Cal costs that exceed the
amount encumbered in prior fiscal years. The Director of Finance
shall notify the Legislature within 10 days after authorizing a
transfer
pursuant to this provision unless prior notification of the transfer
has
been included in the Medi-Cal estimates submitted pursuant to Section
14100.5 of the Welfare and Institutions Code.
4. Notwithstanding any other provision of law, both the federal and
nonfederal shares of any moneys recovered for previously paid drug
Medi-Cal program services provided pursuant to Chapter 7
(commencing with Section 14000) of Part 3 of Division 9 of the
Welfare and Institutions Code are hereby appropriated and shall be
expended as soon as practicable for drug Medi-Cal program
services, as defined in the Welfare and Institutions Code.
5. Effective July 1, 2004, the maximum reimbursement rates for
nonperinatal Drug Medi-Cal services in the fiscal year shall be the
same rate that was authorized in regulation for the 2002-03 fiscal
year.
4200-104-0001--For local assistance, Department of Alcohol and
Drug Programs, for perinatal substance abuse treatment programs . . .
23,457,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 40,511,000
(2) Amount payable from the Federal Trust Fund (Item
4200-104-0890) . . . -17,054,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer such funds as are necessary between this item and Items
4200-001-0001, 4200-101-0001, 4200-102-0001, and
4200-103-0001. In determining which transfers are necessary
pursuant to this provision, the director shall assess those programs
and operations that have the most critical need. In making this
assessment, the director shall consider such factors as caseload
requirements, availability of personnel to provide essential
services,
other funding sources, and relevant information provided by affected
state agencies.
2. Of the funds appropriated in this item, $6,408,000 shall be used
to
fund existing residential perinatal treatment programs that were
begun
through federal Center for Substance Abuse Treatment grants but
whose grants have since expired and currently are constituted as
Women and Children's Residential Treatment Services. For counties
in which there is such a provider, the Department of Alcohol and Drug
Programs shall include language in those counties' allocation letters
that indicates the amount of the allocation designated for the
provider
during the fiscal year. Pursuant to Section 11840.1 of the Health and
Safety Code, the treatment programs that were established through
federal Center for Substance Abuse Treatment grants are not subject
to the county 10-percent match. All of the funds allocated for
programs shall be passed through those counties directly to the
designated nine residential treatment programs in each county,
respectively.
3. Notwithstanding any specified amount in other provisions of this
item, any general reduction in this item shall be made
proportionately
between the Women and Children's Residential Treatment Services
and other perinatal programs.
4200-104-0890--For support of Department of Alcohol and Drug
Programs, for payments to Item 4200-104-0001, payable from the
Federal Trust Fund . . . 17,054,000
4260-001-0001--For support of Department of Health Services . . .
224,177,000
Schedule:
(1) 10-Public and Environmental Health . . . 301,442,000
(2) 20-Health Care Services . . . 548,255,000
(4) 30.01-Departmental Administration . . . 45,170,000
(5) 30.02-Departmental Administration--Distributed . . . -42,574,000
(6) Reimbursements . . . -37,385,000
(7) Amount payable from the Breast Cancer Research Account (Item
4260-001-0007) . . . -1,657,000
(8) Amount payable from the Breast Cancer Control Account (Item
4260-001-0009) . . . -8,099,000
(9) Amount payable from the Nuclear Planning Assessment Special
Account (Item 4260-001-0029) . . . -691,000
(10) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 4260-001-0044) . . . -1,155,000
(11) Amount payable from the Sale of Tobacco to Minors Control
Account (Item 4260-001-0066) . . . -2,370,000
(12) Amount payable from the Occupational Lead Poisoning
Prevention Account (Item 4260-001-0070) . . . -2,794,000
(13) Amount payable from the Medical Waste Management Fund
(Item 4260-001-0074) . . . -1,164,000
(14) Amount payable from the Radiation Control Fund (Item
4260-001-0075) . . . -18,362,000
(15) Amount payable from the Tissue Bank License Fund (Item
4260-001-0076) . . . -275,000
(16) Amount payable from the Childhood Lead Poisoning Prevention
Fund (Item 4260-001-0080) . . . -10,124,000
(17) Amount payable from the Export Document Program Fund (Item
4260-001-0082) . . . -148,000
(18) Amount payable from the Clinical Laboratory Improvement Fund
(Item 4260-001-0098) . . . -3,406,000
(19) Amount payable from the Health Statistics Special Fund (Item
4260-001-0099) . . . -16,503,000
(20) Amount payable from the Wine Safety Fund (Item
4260-0010116) . . . -54,000
(21) Amount payable from the Water Device Certification Special
Account (Item 4260-001-0129) . . . -191,000
(22) Amount payable from the Food Safety Fund (Item
4260-0010177) . . . -4,107,000
(23) Amount payable from the Environmental Laboratory
Improvement Fund (Item 4260-0010179) . . . -3,478,000
(24) Amount payable from the Genetic Disease Testing Fund (Item
4260-001-0203) . . . -70,262,000
(25) Amount payable from the Health Education Account, Cigarette
and Tobacco Products Surtax Fund (Item 4260-001-0231) . . .
-4,936,000
(26) Amount payable from the Research Account, Cigarette and
Tobacco Products Surtax Fund (Item 4260-001-0234) . . . -5,026,000
(27) Amount payable from the Unallocated Account, Cigarette and
Tobacco Products Surtax Fund (Item 4260-001-0236) . . . -2,855,000
(28) Amount payable from the Drinking Water Operator Certification
Special Account (Item 4260-001-0247) . . . -1,208,000
(29) Amount payable from the Nursing Home Administrator's State
License Examining Fund (Item 4260-001-0260) . . . -467,000
(29.1) Amount payable from the Infant Botulism Treatment and
Prevention Fund (Item 4260-001-0272) . . . -3,785,000
(30) Amount payable from the Safe Drinking Water Account (Item
4260-001-0306) . . . -8,410,000
(31) Amount payable from the Registered Environmental Health
Specialist Fund (Item 4260-001-0335) . . . -244,000
(32) Amount payable from the Mosquitoborne Disease Surveillance
Account (Item 4260-001-0478) . . . -37,000
(33) Amount payable from the Drinking Water Treatment and
Research Fund (Item 4260-001-0622) . . . -595,000
(34) Amount payable from the Domestic Violence Training and
Education Fund (Item 4260-001-0642) . . . -761,000
(35) Amount payable from the Emergency Services and Supplemental
Payments Fund (Item 4260-001-0693) . . . -143,000
(36) Amount payable from the California Alzheimer's and Related
Disorders Research Fund (Item 4260-001-0823) . . . -794,000
(37) Amount payable from the Medi-Cal Inpatient Payment
Adjustment Fund (Item 4260-001-0834) . . . -2,307,000
(38) Amount payable from the Federal Trust Fund (Item
4260-0010890) . . . -409,675,000
(39) Amount payable from the Drug and Device Safety Fund (Item
4260-001-3018) . . . -1,075,000
(39.5) Amount payable from the Medical Marijuana Program Fund
(Item 4260-001-3074) . . . -983,000
(40) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 4260-001-6031) . . .
-2,207,000
(41) Amount payable from the Asthma and Lung Disease Research
Fund (Item 4260-001-8003) . . . -183,000
(42) Amount payable from the Lupus Foundation of America Fund
(Item 4260-001-8006) . . . -250,000
Provisions:
1. Except as otherwise prohibited by law, the department shall
promulgate emergency regulations to adjust the public health fees set
by regulation to an amount, such that if the new fees were effective
throughout the 2004-05 fiscal year, the estimated revenues would be
sufficient to offset at least 95 percent of the approved program
level
intended to be supported by those fees.
The General Fund fees of the State Department of Health Services
(DHS) that are subject to the annual fee adjustment pursuant to
subdivision (a) of Section 100425 of the Health and Safety Code shall
be increased by 0.73 percent. The special fund fees of DHS that are
subject to the annual fee adjustment pursuant to subdivision (a) of
Section 100425 of the Health and Safety Code may be increased by
0.73 percent only if the fund condition statements project fund
reserves to be less than 10 percent and the revenues projected for
the
2004-05 fiscal year are less than the appropriation contained in this
act.
2. Effective July 1, 2004, the annual fee for a general acute care
hospital, acute psychiatric hospital, special hospital, general acute
care rehabilitation hospital and chemical dependency recovery
hospital shall be $64.34 per bed. Effective July 1, 2004, the annual
fee for a skilled nursing facility, intermediate care facility, or
intermediate care facility for the developmentally disabled is
$222.56
per bed.
The fees of the State Department of Health Services that are
subject
to the annual fee adjustment pursuant to subdivision (a) of Section
100445 of the Health and Safety Code shall not be increased for the
2004-05 fiscal year.
Notwithstanding subdivision (b) of Section 100450 of the Health and
Safety Code, depart- mental fees that are subject to the annual fee
ad-justment pursuant to subdivision (a) of Section 100450 of the
Health and Safety Code shall not be increased for the 2004-05 fiscal
year.
3. Provision 4 of Item 4260-111-0001 also applies to this item.
4. The Department of Health Services shall limit expenditures in this
item to implement the Uniform Anatomical Gift Act (Chapter 819,
Statutes of 2000) to the amount of actual fees collected from tissue
banks.
5. $7,380,000 of the funds appropriated in this item are intended to
pay the General Fund portion of annual rents for the Capitol East
End
Office Complex.
6. Effective February 1, 2004, the Department of Health Services
shall report semiannually in writing on the results of the additional
positions established under the 2003 Medi-Cal Anti-Fraud Initiative
to the chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee. The report shall include the results of the error rate
study
and random claim sampling process, the number of positions filled by
division, and, for each of the components of the initiative, the
amount
of savings and cost avoidance achieved and estimated, the number of
providers sanctioned, and the number of claims and beneficiary
records reviewed.
7. By November 1, 2004, the Department of Health Services shall
report in writing on the results of the Medi-Cal error rate study to
the
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee.
8. The Department of Health Services shall inform the fiscal and
policy committees of the Legislature by November 1, 2004, regarding
specific actions they have taken to improve their contract process to
ensure that contracts for all services related to local assistance
funding, as well as administrative and business needs, are developed
and executed in a timely and effective manner. A comprehensive letter
regarding the specific actions taken may be provided to the
Legislature to meet this requirement.
4260-001-0007--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Breast Cancer
Research Account . . . 1,657,000
4260-001-0009--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Breast Cancer
Control Account . . . 8,099,000
4260-001-0029--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Nuclear Planning
Assessment Special Account . . . 691,000
4260-001-0044--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Motor Vehicle
Account, State Transportation Fund . . . 1,155,000
4260-001-0066--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Sale of Tobacco to
Minors Control Account . . . 2,370,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
4260-001-0070--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Occupational Lead
Poisoning Prevention Account . . . 2,794,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
4260-001-0074--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Medical Waste
Management Fund . . . 1,164,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
4260-001-0075--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Radiation Control
Fund . . . 18,312,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
4260-001-0076--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Tissue Bank
License Fund . . . 275,000
4260-001-0080--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 10,124,000
4260-001-0082--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Export Document
Program Fund . . . 148,000
4260-001-0098--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Clinical
Laboratory Improvement Fund . . . 3,406,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
4260-001-0099--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Health Statistics
Special Fund . . . 16,503,000
4260-001-0116--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Wine Safety Fund .
. . 54,000
4260-001-0129--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Water Device
Certification Special Account . . . 191,000
4260-001-0177--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Food Safety Fund .
. . 4,107,000
4260-001-0179--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Environmental
Laboratory Improvement Fund . . . 3,478,000
4260-001-0203--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Genetic Disease
Testing Fund . . . 70,262,000
Provisions:
1. Beginning in July 2004, the Department of Health Services shall
provide on a quarterly basis to the chairperson of the budget
committees in each house of the Legislature and the Chairperson of
the
Joint Legislative Budget Committee copies of the monthly status and
oversight reports submitted to the Department of Finance for the
Genetic Disease Branch Screening Information System.
2. The Department of Health Services shall restructure its fee
collection and customer service functions within the Genetic Disease
Branch in order to be more efficient and effective at collecting fees
and providing customer service for all of the programs it
administers.
This restructuring effort will enable fee collection and customer
service to each have a separate and distinct focus and will provide
proper separation of accounting and cashiering duties as
recommended in the 1997 Bureau of State Audits report regarding
these activities.
4260-001-0231--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Health Education
Account, Cigarette and Tobacco Products Surtax Fund . . . 4,936,000
4260-001-0234--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Research Account,
Cigarette and Tobacco Products Surtax Fund . . . 5,026,000
4260-001-0236--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Unallocated
Account, Cigarette and Tobacco Products Surtax Fund . . . 2,855,000
4260-001-0247--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Drinking Water
Operator Certification Special Account . . . 1,208,000
4260-001-0260--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Nursing Home
Administrator's State License Examining Fund. . . . 467,000
4260-001-0272--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Infant Botulism
Treatment and Prevention Fund . . . 3,785,000
4260-001-0306--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Safe Drinking
Water Account . . . 8,410,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
4260-001-0335--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Registered
Environmental Health Specialist Fund . . . 244,000
4260-001-0478--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Mosquitoborne
Disease Surveillance Account . . . 37,000
4260-001-0622--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Drinking Water
Treatment and Research Fund . . . 595,000
4260-001-0642--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Domestic Violence
Training and Education Fund . . . 761,000
4260-001-0693--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Emergency
Services and Supplemental Payments Fund . . . 143,000
Provisions:
1. To the extent that moneys available in the Emergency Services and
Supplemental Payments Fund are less than the amount appropriated in
this item, this appropriation shall be limited to that lesser amount.
2. Notwithstanding any other provision of law, if revenues to the
Emergency Services and Supplemental Payments Fund are sufficient
to create additional allocation workload, the Director of Finance may
authorize expenditures for the Department of Health Services in
excess of the amount appropriated not sooner than 30 days after
notification in writing of the necessity therefor is provided to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser
time the chairperson of the committee, or his or her designee, may in
each instance determine.
4260-001-0823--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the California
Alzheimer's and Related Disorders Research Fund . . . 794,000
4260-001-0834--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Medi-Cal Inpatient
Payment Adjustment Fund . . . 2,307,000
4260-001-0890--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Federal Trust Fund
. . . 409,675,000
Provisions:
1. Of the funds appropriated in this item, $54,014,000 shall be
available for administration, research, and training projects.
Notwithstanding Section 28.00 of this act, the State Department of
Health Services shall report under that section any new project over
$200,000 or any increase in excess of $400,000 for an identified
project.
2. $5,531,000 of the funds appropriated in this item are intended to
pay the federal fund portion of annual rents for the Capitol East End
Office Complex.
3. The Department of Finance may authorize the transfer of amounts
from this item to Item 4260-111-0890 in order to reflect
modifications
in the use of federal bioterrorism grants. The funds may not be
approved sooner than 30 days after notification in writing of the
necessity therefor to the chairperson of the committee in each house
of
the Legislature that considers appropriations and the Chairperson of
the Joint Legislative Budget Committee, or no sooner than whatever
lesser time the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.
4. Notwithstanding any other provision of law, moneys made
available for bioterrorism preparedness pursuant to this act shall be
available for expenditure and encumbrance until August 30, 2005.
5. The Department of Health Services shall include a request for
funding in the state's application for Cooperative Agreement for
funding from the federal Centers for Disease Control and Prevention's
Public Health Preparedness and Responses to Bioterrorism Program
regarding the state's efforts to establish reporting procedures for
low-level-radioactive waste as contained in Section 115000.1 of the
Health and Safety Code.
6. The Department of Health Services shall notify the fiscal and
relevant policy committees of the Legislature in a timely manner
regarding the federal government's approval of the state's
application
for Cooperative Agreement for funding from the federal Centers for
Disease Control and Prevention's Public Health Preparedness and
Response to Bioterrorism Program. The notification shall include a
summary of all policy and fiscal changes made by the federal
government to the state's application. If additional changes are made
throughout the fiscal year, the Department of Health Services shall
notify the fiscal and relevant policy committees of the Legislature
in a
similar manner.
4260-001-3018--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Drug and Device
Safety Fund . . . 1,075,000
4260-001-3074--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Medical Marijuana
Program Fund . . . 983,000
4260-001-6031--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . .
. 2,207,000
Provisions:
1. The funds available in this item are intended to provide support
costs pursuant to the Water Security, Clean Drinking Water, Coastal
and Beach Protection Act of 2002 (Proposition 50), associated with
statewide water security improvements and the provision of safe
drinking water grants and loans to local water agencies.
4260-001-8003--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Asthma and Lung
Disease Research Fund . . . 183,000
Provisions:
1. The funds appropriated in this item are for allocation to the
American Lung Association of California, pursuant to Section 18833
of the Revenue and Taxation Code, for research of specified lung
diseases and asthma.
4260-001-8006--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Lupus Foundation
of America, California Chapters Fund . . . 250,000
Provisions:
1. Notwithstanding any other provision of law, the balance as of June
30, 2004, for the Prostate Cancer Treatment Program is
reappropriated and is available for expenditure through June 30,
2005.
4260-002-0942--For support of Department of Health Services,
payable from the Health Facilities Citation Penalties Account,
Special
Deposit Fund . . . 5,002,000
4260-003-0001--For support of Department of Health Services, for
rental payments on lease-revenue bonds (Richmond Laboratory) . . .
11,569,000
Schedule:
(1) Base Rental and Fees . . . 12,122,000
(2) Insurance . . . 64,000
(3) Reimbursements . . . -617,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4260-003-0044--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Motor
Vehicle Account, State Transportation Fund . . . 368,000
Schedule:
(1) Base Rental and Fees . . . 366,000
(2) Insurance . . . 2,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4260-003-0080--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Childhood
Lead Poisoning Prevention Fund . . . 231,000
Schedule:
(1) Base Rental and Fees . . . 230,000
(2) Insurance . . . 1,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4260-003-0098--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Clinical
Lab Improvement Fund . . . 96,000
Schedule:
(1) Base Rental . . . 96,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4260-003-0179--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the
Environmental Laboratory Improvement Fund . . . 5,000
Schedule:
(1) Base Rental . . . 5,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4260-003-0203--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Genetic
Disease Testing Fund . . . 2,793,000
Schedule:
(1) Base Rental and Fees . . . 2,778,000
(2) Insurance . . . 15,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4260-003-0890--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Federal
Trust Fund . . . 57,000
Schedule:
(1) Base Rental . . . 57,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4260-003-0942--For support of Department of Health Services,
payable from the Federal Citation Penalties Account, Special Deposit
Fund . . . 909,000
4260-004-0942--For support of Department of Health Services,
payable from the Local Education Agency Medi-Cal Recovery
Account, Special Deposit Fund . . . 1,500,000
4260-007-0890--For support of Department of Health Services,
payable from the Federal Trust Fund . . . 15,893,000
Provisions:
1. Notwithstanding Section 28.00 of this act, adjustments may be made
to align the federal funds for legislative actions and other
technical
adjustments affecting the recipient department's appropriation
authority.
4260-011-0001--For transfer by the Controller to the Genetic Disease
Testing Fund . . . (3,000,000)
Provisions:
1. The amount transferred by this item is a loan to the Genetic
Disease
Testing Fund. This loan shall be repaid with interest calculated at
the
rate earned by the Pooled Money Investment Account at the time of
transfer. Principal and interest earned on the loan shall be repaid
in
full no later than June 30, 2009.
2. The transfer authorized by this item shall not be made until the
Department of Health Services provides to the chairperson of the
budget committee in each house of the Legislature and the Chairperson
of the Joint Legislative Budget Committee an updated project
schedule, cost estimates, and copies of oversight reports submitted
to
the Department of Finance for the Genetic Disease Branch Screening
Information System.
4260-011-0099--For transfer by the Controller, upon order of the
Director of Finance, from the Health Statistics Special Fund to the
Infant Botulism Treatment and Prevention Fund and the Medical
Marijuana Program Fund . . . (1,483,000)
Provisions:
1. Of the amount transferred by this item, $500,000 is a loan to the
Infant Botulism Treatment and Prevention Fund. This loan shall be
repaid with interest calculated at the rate earned by the Pooled
Money
Investment Account at the time of the transfer. Principal and
interest
shall be repaid in full after all General Fund loans to the Infant
Botulism Program are repaid, and shall be paid in full no later than
June 30, 2007.
2. Of the amount transferred by this item, $983,000 is a loan to the
Medical Marijuana Program Fund. Notwithstanding any other
provision of law, this loan shall be repaid no later than June 30,
2008,
with interest calculated at the rate earned by the Pooled Money
Investment Account at the time of the transfer.
4260-017-0001--For support of Department of Health Services, for
implementation of the Health Insurance Portability and Accountability
Act . . . 4,864,000
Schedule:
(2) 20-Health Care Services . . . 16,280,000
(3) Amount payable from the Genetic Disease Testing Fund (Item
4260-017-0203) . . . -495,000
(4) Amount payable from Federal Trust Fund (Item 4260-017-0890) .
. . -10,921,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
4260-017-0203--For support of Department of Health Services, for
payment to Item 4260-017-0001, payable from the Genetic Disease
Testing Fund, for implementation of the Health Insurance Portability
and Accountability Act . . . 495,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
4260-017-0890--For support of Department of Health Services, for
payment to Item 4260-017-0001, payable from the Federal Trust
Fund, for implementation of the Health Insurance Portability and
Accountability Act . . . 10,921,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
4260-101-0001--For local assistance, Department of Health Services,
Medical Assistance Program, payable from the Health Care Deposit
Fund (0912) after transfer from the General Fund . . . 11,728,217,000
Schedule:
(1) 20.10.010-Eligibility (County Administration) . . . 1,505,166,000
(2) 20.10.020-Fiscal Intermediary Management . . . 280,890,000
(3) 20.10.030-Benefits (Medical Care and Services) . . .
28,531,016,000
(4) Reimbursements . . . -851,000
(5) Amount payable from Childhood Lead Poisoning Prevention Fund
(Item 4260-101-0080) . . . -3,200,000
(6) Amount payable from the Federal Trust Fund (Item 4260-101
0890) . . . -18,577,411,000
(7) Amount payable from Federal Trust Fund (Item 4260-103-0890) .
. . -7,393,000
Provisions:
1. The aggregate principal amount of disproportionate share hospital
general obligation debt that may be issued in the 2004-05 fiscal year
pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of
Section 14085.5 of the Welfare and Institutions Code shall be $0.
2. Notwithstanding any other provision of law, both the federal and
nonfederal shares of any moneys recovered for previously paid health
care services, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions
Code, are hereby appropriated and shall be expended as soon as
practicable for medical care and services as defined in the Welfare
and Institutions Code.
3. Notwithstanding any other provision of law, accounts receivable
for recoveries as described in Provision 2 above shall have no effect
upon the positive balance of the General Fund or the Health Care
Deposit Fund. Notwithstanding any other provision of law, moneys
recovered as described in this item that are required to be
transferred
from the Health Care Deposit Fund to the General Fund shall be
credited by the Controller to the General Fund without regard to the
appropriation from which it was drawn.
4. Without regard to fiscal year, the General Fund shall make one or
more loans available not to exceed a cumulative total of $45,000,000
to be transferred as needed to the Health Care Deposit Fund to meet
cash needs. The loans are subject to the repayment provisions of
Section 16351 of the Government Code. Any additional loan
requirement in excess of $45,000,000 shall be processed in the
manner prescribed by Section 16351 of the Government Code.
5. Notwithstanding any other provision of law, the Director of Health
Services may give public notice relative to proposing or amending
any rule or regulation that could result in increased costs in the
Medi-Cal program only after approval by the Department of Finance;
and any rule or regulation adopted by the Director of Health Services
and any communication that revises the Medi-Cal program shall be
effective only from and after the date upon which it is approved by
the Department of Finance.
6. Of the funds appropriated in this item, up to $50,000 may be
allocated for attorneys' fees awarded pursuant to state or federal
law
without prior notification to the Legislature. Individual settlements
authorized under this language shall not exceed $5,000. The
semiannual estimates of Medi-Cal expenditures due to the Legislature
in January and May shall reflect attorney fees paid 15 or more days
prior to the transmittal of the estimate.
7. Change orders to the medical or the dental fiscal intermediary
contract for amounts exceeding a total cost of $250,000 shall be
approved by the Director of Finance not sooner than 30 days after
written notification of the change order is provided to the
chairpersons of the fiscal and policy committees in each house and to
the Chairperson of the Joint Legislative Budget Committee or not
sooner than such lesser time as the Chairperson of the Joint
Legislative Budget Committee, or his or her designee, may designate.
The semiannual estimates of Medi-Cal expenditures due to the
Legislature in January and May may constitute the notification
required by this provision.
8. Recoveries of advances made to counties in prior years pursuant to
Section 14153 of the Welfare and Institutions Code are
reappropriated to the Health Care Deposit Fund for reimbursement of
those counties where allowable costs exceeded the amounts
advanced. Recoveries in excess of the amounts required to fully
reimburse allowable costs shall be transferred to the General Fund.
When a projected deficiency exists in the Medical Assistance
Program, these funds, subject to notification to the Chairperson of
the
Joint Legislative Budget Committee, are appropriated and shall be
expended as soon as practicable for the state's share of payments
for
medical care and services, county administration, and fiscal
intermediary services.
9. The Department of Finance may transfer funds representing all or
any portion of any estimated savings that are a result of
improvements
in the Medi-Cal claims processing procedures from the Medi-Cal
services budget or the support budget of the State Department of
Health Services (Item 4260-001-0001) to the fiscal intermediary
budget item for purposes of making improvements to the Medi-Cal
claims system.
10. Notwithstanding any other provision of law, the Department of
Finance may authorize transfer of expenditure authority between
Schedule (1), (2), (3) and Schedule (4) of this item and between this
item and Items 4260-102-0001 and 4260-113-0001 in order to
effectively administer the Medi-Cal program.
The Director of Finance shall notify the Legislature within 10 days
of authorizing such a transfer unless prior notification of the
transfer
has been included in the Medi-Cal estimates submitted pursuant to
Section 14100.5 of the Welfare and Institutions Code.
12. The Department of Health Services shall report in writing to the
Chairperson of the Joint Legislative Budget Committee on the
anticipated im-pact to local education agencies of any Medicaid State
Plan Amendments that may be submitted to the federal Centers for
Medicare and Medicaid Services and would affect local education
agencies that serve as Medi-Cal service providers under an
interagency agreement with the Department of Education.
13. The Department of Health Services shall pursue a federal law
change to enable all county organized health systems to participate
in
the quality improvement assessment fee on Medi-Cal managed care
plans.
14. Notwithstanding any other provision of law, the Department of
Health Services may use up to $1,300,000 to implement and conduct
activities associated with long-term care integration, including
support to local organizing groups for the purpose of completing
activities to allow for the implementation of the integration
initiatives.
15. The Department of Health Services shall transfer from the Health
Care Deposit Fund to the Department of Developmental Services
$29,878,403 in residual funds held for the federal deferral related
to
the South Central Los Angeles Regional Center. The Department of
Developmental Services shall identify for the Department of Health
Services and the State Controller by letter the appropriate amounts
and appropriations to receive this transfer.
16. Of the amount appropriated in this item, up to $1,500,000 (total
funds) shall be used by the Department of Health Services to
reimburse, for costs associated with case management and medication
adherence services, not-for-profit HIV/AIDS clinics that directly
offer
comprehensive medical services, specifically to include primary
medical care, mental health, medical and/or psychosocial case
management and pharmacy services, to Medi-Cal recipients receiving
HIV/AIDS specific antiviral drugs. The department shall allocate
these funds as deemed appropriate to ensure quality of care and
access to medications.
4260-101-0080--For local assistance, Department of Health Services,
for payment to Item
4260-101-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 3,200,000
4260-101-0693--Notwithstanding any other provision of law, moneys
available in the Emergency Services and Supplemental Payments
Fund, after the appropriation made by Item 4260-001-0693 of this act,
are appropriated to the Department of Health Services for expenditure
for local assistance for the purposes specified in Section 14085.6 of
the Welfare and Institutions Code.
4260-101-0890--For local assistance, Department of Health Services,
for payment to Item 4260-101-0001, payable from the Federal Trust
Fund . . . 18,577,411,000
Provisions:
1. Any of the provisions in Item 4260-101-0001 that are relevant to
this item also apply to this item.
2. In order to more thoroughly monitor conditions and outcomes
pertaining to quality assurance and access to health care regarding
the
implementation of the Los Angeles County 1115 Waiver, the
Department of Health Services may expend up to $2,000,000 in
additional federal trust funds if funds are made available for this
purpose.
4260-102-0001--For local assistance, Department of Health Services,
Program 20.10.030-Benefits (Medical Care and Services), for
supplemental reimbursement for debt service pursuant to Section
14085.5 of the Welfare and Institutions Code . . . 64,211,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Finance may authorize transfer of expenditure authority between this
item and Items 4260-101-0001 and 4260-113-0001 in order to
effectively administer the Medi-Cal program.
The Director of Finance shall notify the Legislature within 10 days
of authorizing such a transfer unless prior notification of the
transfer
has been included in the Medi-Cal estimates submitted pursuant to
Section 14100.5 of the Welfare and Institutions Code.
4260-102-0890--For local assistance, Department of Health Services,
Program 20.10.030-Benefits (Medical Care and Services), payable
from the Federal Trust Fund, for supplemental reimbursement for debt
service pursuant to Section 14085.5 of the Welfare and Institutions
Code . . . 64,211,000
Provisions:
1. Any of the provisions in Item 4260-102-0001 that are relevant to
this item also apply to this item.
4260-103-0890--For local assistance, for refugee services,
Department of Health Services, for payment to Item 4260-101-0001,
payable from the Federal Trust Fund . . . 7,393,000
Provisions:
1. Any of the provisions in Item 4260-101-0001 that are relevant to
this item also apply to this item.
4260-111-0001--For local assistance, Department of Health Services
. . . 408,872,000
Schedule:
(1) 10.10.010-Vital Records Improvement Project . . . 510,000
(2) 10.20.010-Environmental Management . . . 164,175,000
(3) 10.20.040-Drinking Water . . . 4,437,000
(4) 10.30.030-Childhood Lead Poisoning Prevention . . . 11,000,000
(5) 10.30.040-Chronic Diseases . . . 137,077,000
(6) 10.30.050-Communicable Disease Control . . . 66,220,000
(7) 10.30.060-AIDS . . . 333,619,000
(8) 20.30-County Health Services . . . 50,867,000
(9) 20.40-Primary Care and Family Health . . . 1,561,225,000
(10) Reimbursements . . . -170,423,000
(11) Amount payable from the Breast Cancer Control Account (Item
4260-111-0009) . . . -8,086,000
(12) Amount payable from the Childhood Lead Poisoning Prevention
Fund (Item 4260-111-0080) . . . -11,300,000
(13) Amount payable from the Health Statistics Special Fund (Item
4260-111-0099) . . . -510,000
(14) Amount payable from the California Health Data and Planning
Fund (Item 4260-111-0143) . . . -200,000
(15) Amount payable from the Health Education Account, Cigarette
and Tobacco Products Surtax Fund (Item 4260-111-0231) . . .
-47,354,000
(16) Amount payable from the Hospital Services Account, Cigarette
and Tobacco Products Surtax Fund (Item 4260-111-0232) . . .
-31,625,000
(17) Amount payable from the Physicians Services Account, Cigarette
and Tobacco Products Surtax Fund (Item 4260-111-0233) . . .
-3,007,000
(18) Amount payable from the Unallocated Account, Cigarette and
Tobacco Products Surtax Fund (Item 4260-111-0236) . . .
-34,612,000
(19) Amount payable from the Child Health and Safety Fund (Item
4260-111-0279) . . . -491,000
(20) Amount payable from the Drinking Water Treatment and
Research Fund (Item 4260-111-0622) . . . -4,374,000
(21) Amount payable from the Domestic Violence Training and
Education Fund (Item 4260-111-0642) . . . -1,050,000
(22) Amount payable from the Federal Trust Fund (Item
4260-1110890) . . . -1,253,874,000
(23) Amount payable from the WIC Manufacturer Rebate Fund (Item
4260-111-3023) . . . -262,401,000
(24) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 4260-111-6031) . . .
-90,951,000
Provisions:
1. Program 10.30.060-AIDS: The Office of AIDS in the State
Department of Health Services, in allocating and processing contracts
and grants, shall comply with the same requirements that are
established for contracts and grants for other public health
programs.
The contracts or grants administered by the Office of AIDS shall be
exempt from the Public Contract Code and shall be exempt from
approval by the Department of General Services prior to their
execution.
2. Program 20.40-Primary Care and Family Health: Counties may
retain 50 percent of total enrollment and assessment fees that are
collected by the counties for the CCS Program. Fifty percent of the
enrollment and assessment fee for each county shall be offset from
the
state's match for that county.
3. Nonfederal funds appropriated in this item and Item
4260-001-0001 which have been budgeted to meet the state's
Temporary Assistance for Needy Families maintenance-of-effort
requirement established pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(P.L. 104-193) may not be expended in any way that would cause
their disqualification as a federally allowable maintenance-of-effort
expenditure.
4260-111-0009--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Breast Cancer
Control Account . . . 8,086,000
4260-111-0080--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 11,300,000
4260-111-0099--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Health
Statistics Special Fund . . . 510,000
4260-111-0143--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the California
Health Data and Planning Fund . . . 200,000
4260-111-0231--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Health
Education Account, Cigarette and Tobacco Products Surtax Fund . . .
47,354,000
4260-111-0232--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Hospital
Services Account, Cigarette and Tobacco Product Surtax Fund . . .
31,625,000
4260-111-0233--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Physician
Services Account, Cigarette and Tobacco Products Surtax Fund . . .
3,007,000
4260-111-0236--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Unallocated
Account, Cigarette and Tobacco Products Surtax Fund . . . 34,612,000
4260-111-0279--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Child Health
and Safety Fund . . . 491,000
4260-111-0622--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Drinking Water
Treatment and Research Fund . . . 4,374,000
4260-111-0642--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Domestic
Violence Training and Education Fund . . . 1,050,000
4260-111-0890--For local assistance, Department of Health Services,
for payment to Item 4260-111-0001, payable from the Federal Trust
Fund . . . 1,253,874,000
Provisions:
1. Of the funds appropriated in this item, $57,207,000 shall be
available for administration, research, and training projects.
Notwithstanding the provisions of Section 28.00 of this act, the
State
Department of Health Services shall report under that section any new
project over $200,000 or any increase in excess of $400,000 for an
identified project.
2. Notwithstanding any other provision of law, moneys made
available for bioterrorism preparedness pursuant to this act shall be
available for expenditure and encumbrance until August 30, 2006.
4260-111-3023--For local assistance, State Department of Health
Services, for payment to Item 4260-111-0001, payable from the WIC
Manufacturer Rebate Fund . . . 262,401,000
4260-111-6031--For local assistance, State Department of Health
Services, for payment to Item 4260-111-0001, payable from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund
of 2002 . . . 90,951,000
4260-113-0001--For local assistance, Department of Health Services,
for the Healthy Families Program (Medi-Cal) . . . 117,108,000
Schedule:
(1) 20.10.010-Eligibility (County Administration) . . . 4,135,000
(2) 20.10.020-Fiscal Intermediary Management . . . 149,000
(3) 20.10.030-Benefits (Medical Care and Services) . . . 280,462,000
(4) Amount payable from the Federal Trust Fund (Item
4260-1130890) . . . -167,638,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Finance may authorize transfer of expenditure authority between
Schedules (1), (2), and (3) of this item and between this item and
Items 4260-101-0001 and 4260-102-0001 in order to effectively
administer the Medi-Cal program.
The Director of Finance shall notify the Legislature within 10 days
of authorizing such a trans- fer unless prior notification of the
transfer
has been included in the Medi-Cal estimates submitted pursuant to
Section 14100.5 of the Welfare and Institutions Code.
4260-113-0890--For local assistance, Department of Health Services,
for payment to Item 4260-113-0001, payable from the Federal Trust
Fund . . . 167,638,000
Provisions:
1. Any of the provisions in Item 4260-113-0001 that are relevant to
this item also apply to this item.
4260-115-0890--For transfer by the Controller from the Federal Trust
Fund to the Safe Drinking Water State Revolving Loan Fund . . .
85,000,000
4260-115-6031--For transfer by the Controller from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund
of 2002 to the Safe Drinking Water State Revolving Loan Fund . . .
17,000,000
4260-117-0001--For local assistance, Department of Health Services,
for implementation of the Health Insurance Portability and
Accountability Act . . . 6,454,000
Schedule:
(1) 20.10.010-Eligibility (County Administration) . . . 5,597,000
(2) 20.10.020-Fiscal Intermediary Management . . . 31,259,000
(3) 20.10.030-Benefits (Medical Care and Services) . . . 0
(4) Amount payable from the Federal Trust Fund (Item
4260-117-0890) . . . -30,402,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Section 17.00 of this act. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
2. Notwithstanding subdivision (a) of Section 2.00 and Section 26.00
of this act, the Department of Finance may authorize transfer of
expenditure au-thority between Schedules (1) and (2). The Director of
Finance shall notify the Legislature within 10 days of authorizing
such
a transfer unless prior notification of the transfer has been
included in
the Medi-Cal estimates submitted pursuant to Section 14100.5 of the
Welfare and Institutions Code.
4260-117-0890--For local assistance, Department of Health Services,
for payment to Item 4260-117-0001, payable from the Federal Trust
Fund, for implementation of the Health Insurance Portability and
Accountability Act . . . 30,402,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified in Control Section 17.00. These funds are to be used in
support of compliance activities related to the federal Health
Insurance Portability and Accountability Act (HIPAA) of 1996.
2. Any of the provisions in Item 4260-117-0001 that are relevant to
this item also apply to this item.
4260-295-0001--For local assistance, Department of Health Services,
for reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 4,000
Schedule:
(1) 98.01.091.692-Pacific Beach Safety (Ch. 916, Stats. 1992) . . .
1,000
(2) 98.01.095.589-SIDS Autopsies
(Ch. 955, Stats. 1989) . . . 0
(3) 98.01.108.888-AIDS Search Warrants (Ch. 1088, Stats. 1988) . . .
1,000
(4) 98.01.116.381-Medi-Cal Beneficiary Death Notices (Ch. 102,
Stats. 1981 and Ch. 1163, Stats. 1981) . . . 1,000
(5) 98.01.159.788-Inmates AIDS Testing (Ch. 1597, Stats. 1988) . . .
0
(6) 98.01.160.390-Perinatal services for alcohol/drug exposed infants
(Ch. 1603, Stats. 1990) . . . 1,000
(7) 98.01.111.189-SIDS Training for Firefighters (Ch. 1111, Stats.
1989) . . . 0
(8)98.01.026.891-SIDS contacts by Local Health Officers (Ch. 268,
Stats. 1991) . . . 0
(9)98.01.045.374-SIDS Notices (Ch. 453, Stats. 1974) . . . 0
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Fi nance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(2) SIDS Autopsies (Ch. 955, Stats. 1989)
(5) Inmate AIDS testing (Ch.1597, Stats. 1988)
(7) SIDS Training for Firefighters (Ch. 1111, Stats. 1989)
4260-301-0001--For capital outlay, Department of Health Services . .
. 200,000
Schedule:
(1) 94.50.030-Southern California Laboratory Space--Study . . .
200,000
4260-401--Approximately $3.4 million General Fund has been loaned
to the Department of Health Services (DHS), Botulism Treatment and
Prevention Fund, pursuant to Health and Safety Code, Section 123707
to support the development of the Botulism Immunoglobin (BIG)
vaccine. This loan is to be fully repaid now that BIG has been
approved and licensed by the U.S. Food and Drug Administration. In
conjunction with payments from the Botulism Treatment and
Prevention Fund beginning in FY 2004-05, a reduction of $500,000
has been made in Item 4260-001-0001, Program 10, Public and
Environmental Health, until the loan is paid off. These funds will be
restored after the debt to the General Fund has been satisfied.
4260-490--Reappropriation, Department of Health Services.
Notwithstanding any other provision of law, the balance of the funds
for the appropriations provided in the following citations are
reappropriated for expenditure pursuant to the following provisions
and are available for encumbrance or expenditure until June 30, 2004:
0001--General Fund
(1) Item 4260-101-0001, Budget Act of 2002 (Ch. 379, Stats. 2002)
0890--Federal Trust Fund
(1) Item 4260-101-0890, Budget Act of 2002 (Ch. 379, Stats. 2002)
Provisions:
1. It is the intent of this item to continue funding approved
activities
for the automation projects that, due to schedule changes, result in
unexpended appropriations for one year and the need for additional
funding in the following year. Therefore, notwithstanding any other
provision of law, the balance of the appropriations for these
automation projects may, upon approval of the Department of
Finance, be reappropriated for transfer to and in augmentation of the
corresponding items in this act. The funds reappropriated by this
provision shall be made available consistent with the amount
approved by the Department of Finance based on an approved special
project report or equivalent document not sooner than 30 days after
providing notification in writing to the chairperson of the fiscal
committee of each house of the Legislature and the Chairperson of
the
Joint Legislative Budget Committee.
4260-491--Reappropriation, Department of Health Services.
Notwithstanding any other provision of law, the balances of the
appropriations provided for in the following citations are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in those appropriations, and shall
be available for encumbrance or expenditure until June 30, 2005, as
specified.
0589--Cancer Research Fund
(1) Item 4260-001-0589, Budget Act of 2002 (Ch. 379, Stats. 2002).
Funds appropriated in this item for the Cancer Research Program are
made available for the 2004-05 fiscal year, subject to the provisions
for the appropriation, and shall be continuously appropriated without
regard to fiscal year until such time that each project currently
funded
has fulfilled their contractual obligation with the Department of
Health
Services.
3020--Tobacco Settlement Fund
(1) Item 4260-001-3020, Budget Act of 2001 (Ch. 106, Stats. 2001).
Notwithstanding any other provision of law, the balance as of June
30,
2004, for the Prostate Cancer Treatment Program is reappropriated
and is available for expenditure through June 30, 2005.
(2) Item 4260-001-3020, Budget Act of 2002 (Ch. 379, Stats. 2002).
Notwithstanding any other provision of law, the balance as of June
30,
2004, for the Prostate Cancer Treatment Program is reappropriated
and is available for expenditure through June 30, 2005.
4260-495--Reversion, Department of Health Services. As of June 30,
2004, the balances specified below, of the appropriations provided
for in the following citations, shall revert to the fund balance from
which the appropriation was made:
0001--General Fund
(1) $15,656,299 from Program 10-Public and Environmental Health
in Item 4260-001-0001 of the Budget Act of 2000 (Ch. 52, Stats.
2000)
(2) $250,000 from Program 10-Public and Environmental Health in
Item 4260-001-0001, Budget Act of 2000 (Ch. 52, Stats. 2000), as
reappropriated by Item 1260-491 of the Budget Act of 2001 (Ch. 106,
Stats. 2001), of the Budget Act of 2002, (Ch. 379, Stats. 2002), and
the Budget Act of 2003 (Ch. 157, Stats. 2003)
(3) $145,000 in Chapter 841 of the Statutes of 2000
(4) $63,000 from Program 10.20.040--Drinking Water in Item
4260-111-0001 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(5) $11,100,000 from Program 10.30.040--Chronic Diseases in Item
4260-111-0001 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(6) $3,000,000 from Program 20.30--County Health Services in Item
4260-111-0001 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(7) $736,000 from Program 20.40--Primary Care and Family Health
in Item 4260-111-0001 of the Budget Act of 2001 (Ch. 106, Stats.
2001)
(8) $500,000 in Chapter 751 of the Statutes of 2001--Valley Fever
Vaccine Research
3020--Tobacco Settlement Fund
(1) $2,648,063 from Program 10.30.40.70--Cancer Detection in Item
4260-001-3020 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(2) $13,675,000 from Program 20-40--Primary Care and Family
Health in Item 4260-111-3020 of the Budget Act of 2001 (Ch. 106,
Stats. 2001)
4260-496--Reversion, Department of Health Services. As of June 30,
2004, the balances specified below of the appropriations provided for
in the following citations shall revert to the balance in the fund
from
which the appropriation was made:
0001--General Fund
(1) $2,855,000 from Program 20-Health Care Services in Item
4260-001-0001 of the Budget Act of 2000 (Ch. 52, Stats. 2000)
(2) $400,000 from Program 20-Health Care Services in Item
4260-001-0001 of the Budget Act of 2000 (Ch. 52, Stats. 2000) as
reappropriated by Item 4260-491 of the Budget Act of 2001 (Ch. 106,
Stats. 2001), and the Budget Act of 2002 (Ch. 379, Stats. 2002)
(3) $500,000 from Program 20-Health Care Services in Item
4260-001-0001 of the Budget Act of 2001 (Ch. 106, Stats. 2001) as
reappropriated by Item 4260-490 of the Budget Act of 2002 (Ch. 379,
Stats. 2002)
(4) $2,100,000 from Program 20.10.020-Fiscal Intermediary
Management in Item 4260-117-0001 of the Budget Act of 2002 (Ch.
379, Stats. 2002)
3020--Tobacco Settlement Fund
(5) $1,482,535 from Program 20-Health Care Services in Item
4260-001-3020 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
4270-001-0001--For support of California Medical Assistance
Commission . . . 1,157,000
Schedule:
(1) 10-California Medical Assistance Commission . . . 2,515,000
(2) Reimbursements . . . -1,247,000
(3) Amount payable from Emergency Services and Supplemental
Payments Fund (Item 4270-001-0693) . . . -111,000
4270-001-0693--For support, California Medical Assistance
Commission, for payment to Item 4270-001-0001, payable from the
Emergency Services and Supplemental Payments Fund . . . 111,000
Provisions:
1. To the extent that moneys available in the Emergency Services and
Supplemental Payments Fund are less than the amount appropriated in
this item, this appropriation shall be limited to that lesser amount.
2. Notwithstanding any other provision of law, if revenues to the
Emergency Services and Supplemental Payments Fund are sufficient
to create additional allocation workload, the Director of Finance may
authorize expenditures for the California Medical Assistance
Commission in excess of the amount appropriated not sooner than 30
days after notification in writing of the necessity therefor is
provided
to the chairpersons of the fiscal committees and the Chairperson of
the
Joint Legislative Budget Committee, or not sooner than whatever
lesser time the chairperson of the committee, or his or her designee,
may in each instance determine.
4280-001-0001--For support of Managed Risk Medical Insurance
Board . . . 1,565,000
Schedule:
(1) 10-Major Risk Medical Insurance Program . . . 843,000
(2) 20-Access for Infants and Mothers Program . . . 874,000
(3) 40-Healthy Families Program . . . 5,168,000
(4) 50-Children's Health Initiative Matching Fund Program . . .
280,000
(5) Reimbursements . . . -154,000
(6) Amount payable from Perinatal Insurance Fund (Item
4280-001-0309) . . . -874,000
(7) Amount payable from Major Risk Medical Insurance Fund (Item
4280-001-0313) . . . -843,000
(8) Amount payable from Federal Trust Fund (Item 4280-001-0890) .
. . -3,449,000
(9) Amount payable from Federal Trust Fund (Item 4280-003-0890) .
. . -182,000
(10) Amount payable from Children's Health Initiative Matching Fund
(Item 4280-003-3055) . . . -98,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds as are necessary between this item and Item
4280-103-0890 or Item 4280-103-3055 in order to effectively
administer the County Health Initiative Matching Fund Program.
2. To provide for the effective use of federal State Children's
Health
Insurance Program funds in the County Health Initiative Matching
Fund Program, notwithstanding Section 28.00 of this act, this item
may
be reduced or increased by the Department of Finance not sooner than
30 days after notification in writing of the necessity therefor to
the
chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or such lesser time as the chairperson of the committee,
or
his or her designee, may in each instance determine. This provision
shall not apply to any General Fund increases or reductions.
4280-001-0309--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the
Perinatal Insurance Fund . . . 874,000
Provisions:
1. Provision 1 of Item 4280-001-0313 also applies to this item.
4280-001-0313--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the Major
Risk Medical Insurance Fund . . . 843,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the Managed Risk Medical
Insurance Board in excess of the amount appropriated not sooner than
30 days after notification in writing of the necessity therefor is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her designee, may in each instance determine.
4280-001-0890--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the Federal
Trust Fund, for Healthy Families Program . . . 3,449,000
4280-003-0890--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the Federal
Trust Fund, for Children's Health Initiative Matching Fund Program .
.
. 182,000
Provisions:
1. Provisions 1 and 2 of Item 4280-001-0001 also apply to this item.
4280-003-3055--For support of Managed
Risk Medical Insurance
Board, for payment of Item 4280-001-0001, payable from the
Children's Health Initiative Matching Fund, for Children's Health
Initiative Matching Fund Program . . . 98,000
Provisions:
1. Provisions 1 and 2 of Item 4280-001-0001 also apply to this item.
4280-017-0001--For support of Managed Risk Medical Insurance
Board, for implementation of the Health Insurance Portability and
Accountability Act . . . 25,000
Schedule:
(1) 10-Major Risk Medical Insurance Program . . . 15,000
(2) 20-Access for Infants and Mothers Program . . . 15,000
(3) 40-Healthy Families Program . . . 71,000
(4) Amount payable from the Perinatal Insurance Fund (Item
4280-017-0309) . . . -15,000
(5) Amount payable from the Major Risk Medical Insurance Fund
(Item 4280-017-0313) . . . -15,000
(6) Amount payable from the Federal Trust Fund (Item
4280-017-0890) . . . -46,000
4280-017-0309--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-017-0001, payable from the
Perinatal Insurance Fund, for implementation of the Health Insurance
Portability and Accountability Act . . . 15,000
4280-017-0313--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-017-0001, payable from the Major
Risk Medical Insurance Fund, for implementation of the Health
Insurance Portability and Accountability Act . . . 15,000
4280-017-0890--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-017-0001, payable from the Federal
Trust Fund, for implementation of the Health Insurance Portability
and
Accountability Act . . . 46,000
4280-101-0001--For local assistance, Managed Risk Medical
Insurance Board, for the Healthy Families Program . . . 302,260,000
Schedule:
(1) 20-Access for Infants and Mothers Program . . . 18,389,000
(2) 40-Healthy Families Program . . . 803,818,000
(3) Amount payable from the Federal Trust Fund (Item
4280-101-0890) . . . -519,947,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds as are necessary between this item and Item
4280-102-0001 in order to effectively administer the Healthy
Families Program.
4280-101-0890--For local assistance, Managed Risk Medical
Insurance Board, for payment to Item 4280-101-0001, payable from
the Federal Trust Fund, for the Healthy Families Program . . .
519,947,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds, as are necessary between this item and Item
4280-102-0890 in order to effectively administer the Healthy
Families Program.
4280-102-0001--For local assistance, Managed Risk Medical
Insurance Board, for the Healthy Families Program administrative
contracts . . . 23,064,000
Schedule:
(1) 40-Healthy Families Program . . . 64,816,000
(2) Reimbursements . . . -7,764,000
(3) Amount payable from the Federal Trust Fund (Item
4280-1020890) . . . -33,988,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds as are necessary between this item and Item
4280-101-0001 in order to effectively administer the Healthy
Families Program.
4280-102-0890--For local assistance, Managed Risk Medical
Insurance Board, for payment to Item 4280-102-0001, payable from
the Federal Trust Fund, for Healthy Families Program administrative
contracts . . . 33,988,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds, as are necessary between this item and Item
4280-101-0890 in order to effectively administer the Healthy
Families Program.
4280-103-0890--For local assistance, Managed Risk Medical
Insurance Board, for payment to Item 4280-103-3055, payable from
the Federal Trust Fund, for the Children's Health Initiative Matching
Fund Program . . . 74,824,000
Provisions:
1. Provisions 1, 2, and 3 of Item 4280-103-3055 also apply to this
item.
4280-103-3055--For local assistance, Managed Risk Medical
Insurance Board, for the Children's Health Initiative Matching Fund
Program . . . 40,290,000
Schedule:
(1) 50-County Health Initiative Matching Fund Program . . .
115,114,000
(2) Amount payable from the Federal Trust Fund (Item
4280-103-0890) . . . -74,824,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds as are necessary between this item and Item
4280-003-0890 or Item 4280-003-3055 in order to effectively
administer the County Health Initiative Matching Fund program. The
Department of Finance may also authorize the establishment of
positions in order to allow the Managed Risk Medical Insurance
Board to effectively administer the County Health Initiative Matching
Fund program.
2. Funds in this item are subject to the availability, as determined
by
the Department of Finance, of federal State Children's Health
Insurance Program funds not needed for state-funded health programs,
including, but not limited to, the Healthy Families Program and, as
funded by the federal State Children's Health Insurance Program, the
Access for Infants and Mothers Program and the Medi-Cal program.
To determine the availability of funds, all entities participating in
the
County Health Initiative Matching Fund program shall submit, on or
before August 1 and February 1 of each year, an estimate of
expenditures under this item to the Managed Risk Medical Insurance
Board. The Managed Risk Medical Insurance Board shall submit, by
September 10 and March 1 of each year, an estimate of expenditures
under this item to the Department of Finance.
3. To provide for the effective use of federal State Children's
Health
Insurance Program funds in the County Health Initiative Matching
Fund program, notwithstanding Section 28.00, this item may be
reduced or increased by the Department of Finance not sooner than 30
days after notification in writing of the necessity therefor to the
chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or such lesser time as the chairperson of the committee,
or
his or her designee, may in each instance determine.
4280-104-0236--For local assistance, Managed Risk Medical
Insurance Board, for the Healthy Families Program Rural Health
Demonstration Project . . . 1,047,000
Schedule:
(1) 40-Healthy Families Program . . . 2,887,000
(2) Amount payable from Federal Trust Fund (Item 4280-104-0890) .
. . -1,840,000
4280-104-0890--For local assistance, Managed Risk Medical
Insurance Board, for payment to Item 4280-104-0236, payable from
the Federal Trust Fund, for the Healthy Families Program Rural
Health Demonstration Project . . . 1,840,000
4280-111-0232--For transfer by the Controller from the Hospital
Services Account, Cigarette and Tobacco Products Surtax Fund to the
Perinatal Insurance Fund, for the Access for Infants and Mothers
Program . . . (53,055,000)
4280-111-0233--For transfer by the Controller from the Physician
Services Account, Cigarette and Tobacco Products Surtax Fund to the
Perinatal Insurance Fund, for the Access for Infants and Mothers
Program . . . (13,837,000)
4280-111-0236--For transfer by the Controller from the Unallocated
Account, Cigarette and Tobacco Products Surtax Fund to the Perinatal
Insurance Fund, for the Access for Infants and Mothers Program . . .
(27,521,000)
4280-112-0232--For transfer by the Controller from the Hospital
Services Account, Cigarette and Tobacco Products Surtax Fund to the
Major Risk Medical Insurance Fund, for the Major Risk Medical
Insurance Program . . . (6,393,000)
4280-112-0233--For transfer by the Controller from the Physician
Services Account, Cigarette and Tobacco Products Surtax Fund to the
Major Risk Medical Insurance Fund, for the Major Risk Medical
Insurance Program . . . (3,607,000)
4300-001-0001--For support of Department of Developmental
Services . . . 22,773,000
Schedule:
(1) 10-Community Services Program . . . 22,292,000
(2) 20-Developmental Centers Program . . . 11,890,000
(3) 35.01-Administration . . . 23,236,000
(4) 35.02-Distributed Administration . . . -23,236,000
(5) Reimbursements . . . -9,000,000
(6) Amount payable from the Developmental Disabilities Program
Development Fund (Item 4300-001-0172) . . . -296,000
(7) Amount payable from the Federal Trust Fund (Item
4300-0010890) . . . -2,113,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds as are necessary between this item and Item
4300-003-0001 in order to appropriately align General Fund and
Medi-Cal reimbursements from the Department of Health Services
with budgeted activities. Within 10 working days after approval of a
transfer as authorized by this provision, the Department of Finance
shall notify the chairperson of the fiscal committee of each house of
the Legislature and the Chairperson of the Joint Legislative Budget
Committee of the transfer, including the amount transferred, how the
amount was determined, and how the amount will be utilized.
2. The General Fund shall make a loan available to the State
Department of Developmental Services not to exceed a cumulative
total of $3,000,000. The loan funds will be transferred to this item
as
needed to meet cashflow needs due to delays in collecting
reimbursements for the Health Care Deposit Fund, and are subject to
the repayment provisions in Section 16351 of the Government Code.
3. The State Department of Developmental Services may promulgate
regulations specifically for implementing proposals to increase
federal funding to the state. These regulations shall be deemed
emergency regulations necessary for the immediate preservation of the
public peace, health and safety, or general welfare for purposes of
subdivision (b) of Section 11346.1 of the Government Code.
4. Notwithstanding Section 26.00 of this act, the Department of
Finance may authorize transfer of expenditure authority between
Schedules (1) and (2) in order to accurately reflect expenditures in
these programs.
5. On or before October 1, 2004, the Director of Finance shall
provide to the chairpersons of the budget committees in each house of
the Legislature and the Chairperson of the Joint Legislative Budget
Committee an oversight report on the Department of Developmental
Services' California Developmental Disabilities Information System
Project. The report shall include, but is not limited to, an overall
project status report identifying the project's tasks that have been
completed and those that are still outstanding, an assessment of the
project's ability to meet critical deadlines, and actions the
department
must take to address project and contract management issues
identified by the project's independent oversight consultant and the
Department of Finance.
6. Beginning July 1, 2004, the Department of Developmental Services
shall provide, on a quarterly basis, to the Chairperson of the Joint
Legislative Budget Committee copies of the monthly status and
oversight reports submitted to the Department of Finance for the
California Developmental Disabilities Information System Project.
7. The State Department of Developmental Services shall provide to
the Legislature by January 10, 2005, a summary of actual expenditure
data by regional center for the most recent fiscal year, as required
by
Sections 4631 and 4639.5 of the Welfare and Institutions Code, as
well as an analysis of the data that tabulates and compares the
following key attributes regarding regional center operations:
(a) Personnel expenditures and positions, by key function, segregated
by intake and assessment, clinical team, and case management staff.
(b) Number of positions and classification levels assigned to Home
and Community-based Waiver enrollment and fiscal processing.
(c) Operating expenditures.
(d) "Best practices" and cost-efficiencies adopted by regional
centers
regarding administrative procedures and operation expenditures.
8. For purposes of apportioning the 2004-05 unallocated reduction to
regional center operations, the State Department of Developmental
Services shall develop and use a methodology that incorporates an
evaluation of the relative performance of each regional center. That
evaluation shall include, but is not limited to, the following
performance indicators: (a) achievement of Medicaid waiver
enrollment targets, (b) compliance with audits, (c) compliance with
Individual Program Plan and Individual Family Service Plan
requirements, and (d) accuracy of purchase of service expenditure
projections.
4300-001-0172--For support of Department of Developmental
Services, for payment to Item 4300-001-0001, payable from the
Developmental Disabilities Program Development Fund . . . 296,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the Department of
Developmental Services in excess of the amount appropriated no
sooner than 30 days after notification in writing is provided to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or no sooner than such lesser time as
the chairperson of the committee, or his or her designee, may in each
instance determine.
4300-001-0890--For support of Department of Developmental
Services, for payment to Item 4300-001-0001, payable from the
Federal Trust Fund . . . 2,113,000
Provisions:
1. Upon order of the Director of Finance, the State Controller shall
transfer such funds as are necessary between this item and Item
4300-101-0890 in order to effectively administer the Early
Intervention Program (Part C of the Individuals with Disabilities
Education Act).
4300-003-0001--For support of Department of Developmental
Services, for Developmental Centers . . . 367,741,000
Schedule:
(1) 20-Developmental Centers Program . . . 690,096,000
(2) Reimbursements . . . -319,283,000
(3) Amount payable from the California State Lottery Education Fund
(Item 4300-003-0814) . . . -2,259,000
(4) Amount payable from the Federal Trust Fund (Item
4300-0030890) . . . -813,000
Provisions:
1. The General Fund shall make a loan available to the State
Department of Developmental Services not to exceed a cumulative
total of $77,000,000. The loan funds will be transferred to this item
as
needed to meet cashflow needs due to delays in collecting
reimbursements from the Health Care Deposit Fund, and subject to the
repayment provisions of Section 16351 of the Government Code.
2. Upon order of the Director of Finance, the State Controller shall
transfer such funds as are necessary between this item and Item
4300-001-0001 in order to appropriately align General Fund and
Medi-Cal reimbursements from the Department of Health Services
with budgeted activities. Within 10 working days after approval of a
transfer as authorized by this provision, the Department of Finance
shall notify the chairperson of the fiscal committee of each house of
the Legislature and the Chairperson of the Joint Legislative Budget
Committee of the transfer, including the amount transferred, how the
amount was determined, and how the amount will be utilized.
3. Of the amount appropriated in Schedule (1), $444,000 is provided
for payment of energy service contracts as required in connection
with
issuance of Public Works Board Energy Efficiency Revenue Bonds
(State Pool Program), Series 1986 A.
4. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item
4300-101-0001.
5. The State Department of Developmental Services (DDS) shall
notify the chairperson of each fiscal committee and policy committee
of each house of the Legislature of specific outcomes resulting from
citations and the results of annual surveys conducted by the State
Department of Health Services, as well as findings of any other
government agency authorized to conduct investigations or surveys of
state developmental centers. DDS shall forward the notifications,
including a copy of the specific findings, to the chairpersons of the
respective committees within 10 working days of its receipt of these
findings. DDS also shall forward these findings, within three
working
days of submission, to the appropriate investigating agency. In
addition, DDS shall provide notification to the above-mentioned
committee chairs, within three working days, of its receipt of
information concerning any investigation initiated by the United
States
Department of Justice and the private nonprofit corporation
designated by the Governor pursuant to Division 4.7 (commencing
with Section 4900) of the Welfare and Institutions Code or concerning
any findings or recommendations resulting from any of these
investigations.
4300-003-0814--For support of Department of Developmental
Services, for payment to Item 4300-003-0001, payable from the
California State Lottery Education Fund . . . 2,259,000
Provisions:
1. All funds received pursuant to Proposition 37 that are allocable
to
the Department of Developmental Services pursuant to Section 8880.5
of the Government Code, and that are in excess of the amount
appropriated in this item, are hereby appropriated in augmentation of
this item. These additional funds may be expended only upon written
approval of the Director of Finance.
4300-003-0890--For support of Department of Developmental
Services, for payment to Item 4300-003-0001, payable from the
Federal Trust Fund . . . 813,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item
4300-101-0890 in order to effectively administer the Foster
Grandparent Program.
4300-004-0001--For support of Department of Developmental
Services (Proposition 98), for Developmental Centers . . . 10,672,000
Schedule:
(1) 20-Developmental Centers Program . . . 14,669,000
(a) 20.17-AB 1202 Contracts . . . 2,000,000
(b) 20.66-Medi-Cal Eligible Services . . . 12,669,000
(2) Reimbursements . . . -3,997,000
Provisions:
1. Of the amount appropriated in this item, $3,997,000 is to be used
to
provide the General Fund match for Medi-Cal Eligible Services.
4300-017-0001--For support of Department of Developmental
Services . . . 250,000
Schedule:
(1) 20-Developmental Centers Program . . . 416,000
(2) Reimbursements . . . -166,000
4300-101-0001--For local assistance, Department of Developmental
Services, for Regional Centers . . . 1,817,821,000
Schedule:
(1) 10.10.010-Operations . . . 426,941,000
(2) 10.10.020-Purchase of Ser- vices . . . 2,296,341,000
(3) 10.10.060-Early Intervention Programs . . . 20,095,000
(4) Reimbursements . . . -872,945,000
(5) Amount payable from Developmental Disabilities Program
Development Fund (Item 4300-1010172) . . . -1,200,000
(6) Amount payable from Developmental Disabilities Services
Account (Item 4300-101-0496) . . . -300,000
(7) Amount payable from Federal Trust Fund (Item 4300-101-0890) .
. . -51,111,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item
4300-003-0001.
2. A loan shall be made available from the General Fund to the State
Department of Developmental Services not to exceed a cumulative
total of $160,000,000. The loan funds shall be transferred to this
item
as needed to meet cashflow needs due to delays in collecting
reimbursements from the Health Care Deposit Fund, and are subject to
the repayment provisions of Section 16351 of the Government Code.
3. Upon order of the Director of Finance, the Controller shall
transfer
funds as are necessary between this item and Item 5160-001-0001 to
provide for the transportation costs to and from work activity
programs of clients who are receiving vocational rehabilitation
services through the Vocational Rehabilitation/Work Activity
Program (VR/WAP) Transition Program.
5. Upon order of the Director of Finance, in order to meet client
services needs, the Controller shall transfer the General Fund share
of
budgeted client costs as necessary between this item and Items
5160-001-0001 and 5160-101-0001 to provide for the transfer of
clients between the Department of Developmental Services and the
Department of Rehabilitation resulting from program closures. The
amount transferred shall be based on the amount budgeted per client
by each department for the remainder of the fiscal year.
4300-101-0172--For local assistance, Department of Developmental
Services, for payment to Item 4300-101-0001, payable from the
Developmental Disabilities Program Development Fund . . .
1,200,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for the Department of
Developmental Services in excess of the amount appropriated no
sooner than 30 days after notification in writing of the chairperson
of
the fiscal committees and the Chairperson of the Joint Legislative
Budget Committee, or no sooner than such lesser time as the
chairperson of the committee, or his or her designee, may in each
instance determine.
4300-101-0496--For local assistance, Department of Developmental
Services, for payment to Item 4300-101-0001, payable from the
Developmental Disabilities Services Account . . . 300,000
4300-101-0890--For local assistance, Department of Developmental
Services, for Regional Centers, for payment to Item 4300-101-0001,
payable from Federal Trust Fund . . . 51,111,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item
4300-001-0890 in order to effectively administer the Early
Intervention Program (Part C of the Individuals with Disabilities
Education Act).
2. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item
4300-003-0890 in order to effectively administer the Foster
Grandparent Program.
4300-105-0001--For local assistance, Department of Developmental
Services, Special Item for Agnews Transition . . . 11,115,000
Provisions:
1. Funds appropriated in this item may only be expended to
facilitate
the development of community-based living options for current
residents of Agnews Developmental Center. The Department of
Developmental Services, through the California Health and Human
Services Agency, shall submit an expenditure plan for these funds to
the Joint Legislative Budget Committee. The Joint Legislative Budget
Committee shall have 60 days to review the expenditure plan prior to
its implementation. The expenditure plan shall be implemented no
sooner than 60 days after a comprehensive closure plan for Agnews
Developmental Center, developed pursuant to Section 4474.1 of the
Welfare and Institutions Code, has been submitted to the Legislature.
4300-117-0001--For local assistance, Department of Developmental
Services . . . 708,000
Schedule:
(1) 10.10.010-Regional Centers: Operations . . . 1,416,000
(2) Reimbursements . . . -708,000
4300-295-0001--For local assistance, Department of Developmental
Services, for reimbursement, in accordance with the provisions of
Section 6 of Article XIIIB of the California Constitution or Section
17561 of the Government Code, of the costs of any new program or
increased level of service of an existing program mandated by statute
or executive order, for disbursement by the State Controller . . .
4,000
Schedule:
(1) 98.01.064.480-Judicial Proceedings (Ch. 644, Stats. 1980) . . .
1,000
(2) 98.01.069.475-Developmentally Disabled Attorneys Services
(Ch. 694, Stats. 1975) . . . 1,000
(3) 98.01.125.380-Mentally Retarded Defendents (MRD): Diversion
(Ch. 1253, Stats. 1980) . . . 1,000
(4) 98.01.130.480-Conservatorship: Developmentally Disabled
Adults (Ch. 1304, Stats. 1980) . . . 1,000
(5) 98.01.135.776-Guardianship/Conservatorship filings (Ch. 1357,
Stats. 1976) . . . 0
Provisions:
1. Except as provided in Provision 2, allocations of funds provided
in
this item to the appropriate local entities shall be made by the
Controller in accordance with the provisions of each statute or
executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Govern-ment
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(5) Guardianship/Conservatorship filings (Ch. 1257, Stats. 1976)
4300-490--Reappropriation, Department of Developmental Services.
Notwithstanding any other provision of law, as of June 30, 2004, the
balances of the appropriations provided in the following citations
are
reappropriated for the purposes specified and shall be available for
encumbrance or expenditure until June 30, 2005, unless otherwise
stated.
0001--General Fund
(1) Item 4300-101-0001 (1) 10.10.010 and (2) 10.10.020, Budget Act
of 2003 (Ch. 157, Stats. 2003) for the Life Quality Assessment
Interagency Agreement.
4300-495--Reversion, Department of Developmental Services. As of
June 30, 2004, the unencumbered amounts specified in the following
citations shall revert to the balance of the fund from which the
appropriation was made:
0001--General Fund
(1) Item 4300-003-0001, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated in Item 4300-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(1) 20-Developmental Centers Program . . . 5,000,000
4440-001-0001--For support of Department of Mental Health . . .
28,342,000
Schedule:
(1) 10-Community Services . . . 39,154,000
(2) 20-Long-Term Care Services . . . 12,023,000
(3) 35.01-Departmental Administration . . . 16,056,000
(4) 35.02-Distributed Departmental Administration . . . -16,056,000
(5) Reimbursements . . . -19,231,000
(6) Amount payable from the Traumatic Brain Injury Fund (Item
4440-001-0311) . . . -203,000
(7) Amount payable from the Federal Trust Fund (Item
4440-001-0890) . . . -3,401,000
Provisions:
1. Upon order of the Director of Finance, and following 30-day
notification to the Joint Legislative Budget Committee, the
Controller
shall transfer between this item and Item 4440-016-0001 those funds
that are necessary for direct community services, as well as
administrative and ancillary services related to the provision of
direct
services.
2. Of the amount appropriated in Schedule (1) the $382,000 allocated
for Preadmission Screening and Resident Review information
technology activities shall not be expended until the Department of
Finance reviews and approves the Feasibility Study Report for this
project.
3. Of the funds appropriated in this item, up to $472,000 shall be
used
for the sole purpose of funding staff and contract services to
identify
and evaluate approaches for increasing federal funding and reducing
state costs for community mental health services and the state
hospital
system, such as establishing counties as sole legal entities, a
home-based care waiver program, and quality assurance fees. By
January 10, 2005, the Department of Mental Health shall provide to
the chairpersons of the budget committees in each house of the
Legislature and the Chairperson of the Joint Legislative Budget
Committee a status report on the consultant's work and findings and
recommendations and a proposed timeline for the implementation of
any actions deemed feasible and advisable by the department.
4440-001-0311--For support of Department of Mental Health, for
payment to Item 4440-001-0001, payable from the Traumatic Brain
Injury Fund . . . 203,000
4440-001-0890--For support of Department of Mental Health, for
payment to Item 4440-001-0001, payable from the Federal Trust Fund
. . . 3,401,000
Provisions:
1. Upon order of the Department of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4440-101-0890.
4440-003-0001--For support of the Department of Mental Health for
rental payments on lease-revenue bonds . . . 10,279,000
Schedule:
(1) Base Rent and Fees . . . 10,137,000
(2) Insurance . . . 142,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
4440-011-0001--For support of the State Hospitals, Department of
Mental Health . . . 573,446,000
Schedule:
(1) 20.10-Long-Term Care Services--Lanterman-Petris-Short . . .
83,750,000
(2) 20.20-Long-Term Care Services--Penal Code and Judicially
Committed . . . 582,396,000
(3) 20.30-Long-Term Care Services--Other State Hospital Services . .
. 53,253,000
(4) Reimbursements . . . -137,592,000
(5) Amount payable from the California State Lottery Education Fund
(Item 4440-011-0814) . . . -1,421,000
(6) Amount payable from the Unallocated Account, Cigarette and
Tobacco Products Surtax Fund (Item 4440-011-0236) . . . -6,940,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item
5240-001-0001.
2. Upon order of the Director of Finance, and following 30-day
notification to the Joint Legislative Budget Committee, the
Controller
shall transfer between this item and Item 4440-016-0001 those funds
that are necessary for direct community services, as well as
administrative and ancillary services related to the provision of
direct
services.
3. Upon approval of the State Department of Mental Health, a portion
of the funds appropriated in Schedule (2) shall be available to
reimburse counties for the cost of treatment and legal services to
patients in the four State Department of Mental Health State
Hospitals,
pursuant to Section 4117 of the Welfare and Institutions Code.
Expenditures made under this item shall be charged to either the
fiscal
year in which the claim is received or the fiscal year in which the
Controller issues the warrant. Claims filed by local jurisdictions
for
legal services may be scheduled by the Controller for payment.
4. The reimbursements identified in Schedule (4) of this item shall
include amounts received by the State Department of Mental Health as
a result of billing for LPS state hospital bed day expenditures
attributable to conservatees who are gravely disabled as defined in
subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008
of the Welfare and Institutions Code (Murphy Conservatee).
5. Of the total amount attributable in the 2003-04 fiscal year to
patient-generated collections for LPS patients, the Controller shall
transfer $8,000,000 as revenue to the General Fund, and the remainder
shall be used to offset county costs for LPS state hospital beds.
6. Funds appropriated to accommodate projected hospital population
levels in excess of those that actually materialize, if any, shall
revert
to the General Fund. However, the Director of Finance may approve
an increase in expenditures that are not related to caseload for the
state hospitals through the redirection of funding that is reasonably
believed not to be needed for accommodating projected hospital
population levels if the approval is made in writing and filed with
the
Chairperson of the Joint Legislative Budget Committee and the
chairperson of each house of the Legislature that considers
appropriations not later than 30 days prior to the effective date of
the
approval, or prior to whatever lesser time the Chairperson of the
Joint
Legislative Budget Committee, or his or her designee, may in each
instance determine. All notifications shall include (a)
the reason for the proposed redirection of caseload funding to
expenditures that are not related to caseload, (b)
the approved amount, and (c)
the ba sis of the director's determination that the funding is not
needed
for accommodating projected hospital population levels.
8. Notwithstanding Section 26.00 of this act, the Department of
Finance may authorize transfer of expenditure authority between
Schedules (1), (2), and (3) in order to accurately reflect caseload
in
these programs.
4440-011-0236--For support of Department of Mental Health, for
payment to Item 4440-001-0001, payable from the Unallocated
Account, Cigarette and Tobacco Products Surtax Fund . . . 6,940,000
4440-011-0814--For support of Department of Mental Health, for
payment to Item 4440-011-0001, payable from the California State
Lottery Education Fund . . . 1,421,000
Provisions:
1. All funds received pursuant to Proposition 37 that are allocable
to
the Department of Mental Health pursuant to Section 8880.5 of the
Government Code, and that are in excess of the amount appropriated
in this item, are appropriated in augmentation of this item. These
additional funds may be expended only upon written approval of the
Director of Finance.
4440-012-0001--For support of the State Hospitals (Proposition 98),
Department of Mental Health . . . 3,400,000
Schedule:
(1) 20.10-Long-Term Care Services--Lanterman-Petris-Short . . .
3,400,000
Provisions:
1. The funds appropriated in this item are available to contract for
the
provision of education services for mental health patients on state
hospital grounds.
4440-016-0001--For support of Department of Mental Health, for
Conditional Release Services . . . 21,417,000
Schedule:
(1) 20-Long-Term Care Services . . . 21,417,000
Provisions:
1. The funds appropriated in this item shall be used to provide
community services as provided in Section 4360 of the Welfare and
Institutions Code. These funds shall support direct community
services, as well as administrative and ancillary services related to
the provision of direct services.
2. Upon order of the Director of Finance, and following 30-day
notification to the Joint Legislative Budget Committee, the
Controller
shall transfer between this item and Items 4440-001-0001 and
4440-011-0001 those funds that are necessary for direct community
services, as well as administrative and ancillary services related to
the provision of direct services.
3. The State Department of Mental Health shall provide forensic
conditional release services mandated either in Title 15 (commencing
with Section 1600) of Part 2 or in Title 15 (commencing with Section
2960) of Article 3 of the Penal Code, through contracts with programs
which integrate the supervision and treatment roles and providers
selected consistent with Section 1615 of the Penal Code.
4. Of the funds appropriated in this item, it is intended that no
funds
shall be available for the payment of treatment services to persons
on
court visit from state hospitals to the community as designated in
subdivision (a) of Section 4117 of the Welfare and Institutions Code.
4440-017-0001--For support of Department of Mental Health . . .
1,042,000
Schedule:
(1) 10-Community Services . . . 2,085,000
(2) 20-Long-Term Care Services . . . 0
(3) 35.01-Departmental Administration . . . 2,331,000
(4) 35.02-Distributed Departmental Administration . . . -2,331,000
(5) Reimbursements . . . -1,043,000
4440-101-0001--For local assistance, Department of Mental Health . .
. 79,676,000
Schedule:
(1) 10.25-Community Services--Other Treatment . . . 1,439,054,000
(1.5) 10.47-Community Services--Children's Mental Health Services .
. . 20,000,000
(2) 10.85-Community Services-AIDS . . . 1,500,000
(3) 10.97-Community Services--Healthy Families . . . 17,083,000
(4) Reimbursements . . . -1,397,961,000
Provisions:
1. Augmentations to reimbursements in this item from the Office of
Emergency Services for Disaster Relief are exempt from Section
28.00 of this act. The State Department of Mental Health shall
provide
written notification to the Joint Legislative Budget Committee
describing the nature and planned expenditure of these augmentations
when the amount received exceeds $200,000.
2. It is the intent of the Legislature that local expenditures for
mental
health services for Medi-Cal eligible individuals serve as the match
to draw down maximum federal financial participation to continue the
Short-Doyle/Medi-Cal program.
4440-101-0311--For local assistance, Department of Mental Health,
all funds that are transferred into the Traumatic Brain Injury Fund
pursuant to subdivision (f) of Section 1464 of the Penal Code . . .
1,219,000
Schedule:
(1) 10.87-Community Services--Traumatic Brain Injury Projects . . .
1,451,000
(2) Reimbursements . . . -232,000
4440-101-0890--For local assistance, Department of Mental Health,
payable from the Federal Trust Fund . . . 58,404,000
Schedule:
(1) 10.25-Community Services--Other Treatment . . . 51,772,000
(2) 10.75-Community Services--Homeless Mentally Disabled . . .
6,632,000
Provisions:
1. The funds appropriated in this item are for assistance to local
agencies in the establishment and operation of mental health
services,
in accordance with Division 5 (commencing with Section 5000) of
the Welfare and Institutions Code.
2. The Department of Mental Health may authorize advance payments
of federal grant funds on a monthly basis to the counties for
grantees.
These advance payments may not exceed one-twelfth of Section 2.00
of the individual grant award for the 2004-05 fiscal year.
3. Upon order of the Department of Finance, the Controller shall
transfer such funds as are necessary between this item and Item
4440-001-0890.
4440-102-0001--For local assistance, Department of Mental Health
(Proposition 98) for early mental health services . . . 5,000,000
4440-103-0001--For local assistance, Department of Mental Health,
Program 10.25-Community Services: Other Treatment for Mental
Health Managed Care . . . 222,424,000
Provisions:
1. The allocation of funds appropriated in this item shall be
determined based on a methodology developed by the Department of
Mental Health in consultation with a statewide organization
representing counties. This methodology shall be based on a review
of actual and projected expenditures for mental health services for
Medi-Cal beneficiaries, by county.
2. Of the amount appropriated in this item, $8,000,000 shall be
transferred to the Mental Health Managed Care Deposit Fund (Fund
0865).
3. Upon order of the Director of Finance and agreement between the
Department of Mental Health and the Department of Health Services,
the Controller shall transfer between this item and Item
4260-101-0001 any General Fund amount determined necessary to
fully reflect the transfer of responsibility for administration of
mental
health services pursuant to the implementation of mental health
managed care.
4440-111-0001--For local assistance, Department of Mental Health,
for caregiver resource centers serving families of adults with
acquired brain injuries . . . 11,747,000
4440-295-0001--For local assistance, Department of Mental Health,
for reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or of Section 17561 of
the Government Code, of the costs of any new program or increased
level of service of an existing program mandated by statute or
executive order, for disbursement by the State Controller . . . 7,000
Schedule:
(1) 98.01.049.877-Coroner's Costs (Ch. 498, Stats. 1977) . . . 1,000
(2) 98.01.081.579-Short-Doyle Case Management (Ch. 815, Stats.
1979) . . . 0
(3) 98.01.103.678-Mentally Disordered Sex Offender Extended
Commitments (Ch.1036, Stats. 1978) . . . 1,000
(4) 98.01.111.479-Not Guilty By Reason of Insanity (Ch. 1114, Stats.
1979) . . . 1,000
(5) 98.01.132.784-Short-Doyle Audits (Ch. 1327, Stats. 1984) . . . 0
(6) 98.01.135.285-Residential Care Services (Ch. 1352, Stats. 1985)
. . . 0
(7) 98.01.174.784-Services to Handicapped Students (Ch. 1747,
Stats. 1984) . . . 1,000
(8) 98.01.043.593-Mentally Disordered Offender's Extended
Commitment Proceedings (Ch. 435, Stats. 1993) . . . 1,000
(9) 98.01.076.295-Sexually Violent Predators (Chs. 762 and 763,
Stats. 1995) . . . 1,000
(10) 98.01.065.496-Seriously Emotionally Disturbed Pupils (Ch. 654,
Stats. 1996) . . . 1,000
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amount therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(2) Short-Doyle Case Management (Ch. 815, Stats. 1979)
(5) Short-Doyle Audits
(Ch. 1327, Stats. 1984)
(6) Residential Care Services
(Ch. 1352, Stats. 1985)
4440-301-0001--For capital outlay, Department of Mental Health . . .
429,000
Schedule:
(1) 55.35.295-Metropolitan: Remodel Satellite Serving
Kitchens--Working drawings . . . 259,000
(2) 55.10.205-Minor Project . . . 170,000
Provisions:
1. Notwithstanding any other provision of law, the project funded in
Schedule (1) shall be considered part of the Metropolitan: Construct
New Kitchen and Remodel Satellite Serving Kitchens project funded
in Item 4440-301-0660, Schedule (2), of the 2003 Budget Act. The
Schedule (1) project is exempt from competitive bid in order to
facilitate management of the overall project.
4440-401--Notwithstanding Section 14666 of the Government Code,
the Department of General Services may grant an easement, subject to
Department of Finance approval, to the Napa Sanitation District at
Napa State Hospital for the installation of reclaimed water piping
and
a storage tank.
4440-485--Reappropriation (Proposition 98), Department of Mental
Health. The sum of $5,000,000 is reappropriated from the Proposition
98 Reversion Account for the following purpose:
0001--General Fund
(1) $5,000,000 to the Department of Mental Health for the purpose of
funding the Early Mental Health Initiative
4440-490--Reappropriation, Department of Mental Health. The
balance of the appropriation provided in the following citation is
reappropriated for the purposes provided for in that appropriation
and
shall be available for encumbrance and expenditure until June 30,
2005:
0001--General Fund
(1) $250,000 in Item 4440-001-0001, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(1) 10--Community Services
4440-491--Reappropriation, Department of Mental Health. The
balance of the appropriations provided in the following citations are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in those appropria-tions and shall
be available for encumbrance and expenditure as set forth in
Provision 1:
0660--Public Buildings Construction Fund
(1) Item 4440-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003)
(3) 55.45.270-Patton: Renovate Admission Suite and Fire and Life
Safety and Environmental Improvements Phases II and III, EB
Building--Preliminary plans, working drawings, and construction.
(2) Item 4440-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 4440-491, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(2) 55.35.305-Metropolitan: Construct School Building--Construction
Provisions:
1. Notwithstanding any other provision of law, funds appropriated in
Item 4440-301-0660, Schedule (3) of the Budget Act of 2003 (Ch.
157, Stats. 2003), for the Patton: Renovate Admission Suite and Fire
and Life Safety and Environmental Improvements Phases II and III, EB
Building project may be expended for preliminary plans and working
drawings until June 30, 2005, and may be expended for construction
until June 30, 2008.
4440-496--Reversion, Department of Mental Health. As of June 30,
2004, the balance specified below of the appropriation provided in
the following citation shall revert to the balance of the fund from
which the appropriation was made:
0660--Public Buildings Construction Fund
(1) Item 4440-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003).
The amount of $3,873,000 provided for project
55.35.295-Metropolitan: Construct New Kitchen and Remodel
Satellite Serving Kitchens--Preliminary plans, working drawings, and
construction.
4700-001-0001--For support of Department of Community Services
and Development . . . 75,000
Schedule:
(1) 47-Naturalization Services . . . 75,000
4700-001-0890--For support of the Department of Community
Services and Development, payable from the Federal Trust Fund . . .
9,625,000
Schedule:
(1) 20-Energy Programs . . . 8,675,000
(2) 40-Community Services . . . 3,048,000
(3) 50.01-Administration . . . 3,300,000
(4) 50.02-Distributed Administration . . . -3,300,000
(5) Reimbursements . . . -2,098,000
Provisions:
1. On a federal fiscal year basis, the Department of Community
Services and Development shall make the following program
allocation for the community services block grant, as a percentage of
the total block grant:
(a) Administration . . . 5 percent
2. Any unexpended federal funds from Item 4700-001-0890, Budget
Act of 2003 (Ch. 157, Stats. 2003), shall be in augmentation of Item
4700-001-0890 of this act and not subject to the provisions of
Section
28.00.
4700-101-0001--For local assistance, Department of Community
Services and Development . . . 1,425,000
Schedule:
(1) 47-Naturalization Services . . . 1,425,000
4700-101-0890--For local assistance, Department of Community
Services and Development, for assistance to individuals and payments
to service providers, payable from the Federal Trust Fund . . .
154,536,000
Schedule:
(1) 20-Energy Programs . . . 92,404,000
(2) 40-Community Services . . . 62,132,000
Provisions:
1. On a federal fiscal year basis, the department shall make the
following program allocations for the community services block grant
as a percentage of the total block grant:
(a) Discretionary . . . 5 percent
(b) Migrant and seasonal farm workers . . . 10 percent
(c) Native American Indian programs . . . 3.9 percent
(d) Community action agencies and rural community services . . . 76.1
percent
All grantees under the community services block grant program are
subject to standard state contracting procedures required under the
program.
2. Funds collected by the department from energy contractors as a
result of overpayments shall be used for local assistance for energy
programs, and funds collected from community service block grant
(CSBG) contractors as a result of overpayments shall be used for
local assistance for CSBG programs in the 2004-05 fiscal year.
3. Funds scheduled in Item 4700-101-0890 may be transferred to Item
4700-001-0890 for the administration of the Low Income Home
Energy Assistance Programs, subject to approval of the Department of
Finance.
4. Any unexpended federal funds from Item 4700-101-0890 of the
Budget Act of 2003 (Ch. 157, Stats. 2003), shall be in augmentation
of
Item 4700-101-0890 of this act and are not subject to the provisions
of Section 28.00.
5160-001-0001--For support of Department of Rehabilitation . . .
44,098,000
Schedule:
(1) 10-Vocational Rehabilitation Services . . . 321,119,000
(2) 30-Support of Community Facilities . . . 3,923,000
(3) 40.01-Administration . . . 24,187,000
(4) 40.02-Distributed Administration . . . -24,187,000
(5) Reimbursements . . . -7,900,000
(6) Amount payable from the Vending Stand Fund (Item
5160-001-0600) . . . -3,394,000
(7) Amount payable from the Federal Trust Fund (Item
5160-0010890) . . . -269,650,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item
4300-101-0001 to provide for the transportation costs to and from
work activity programs of clients who are receiving vocational
rehabilitation services through the Vocational Rehabilitation/Work
Activity Program (VR/WAP) Transition program.
2. The department shall maximize its use of certified time as a match
for federal vocational rehabilitation funds. To the extent that
certified
time is available, it shall be used in lieu of the General Fund
moneys.
3. Upon order of the Director of Finance, the Controller shall
transfer
the General Fund share of budgeted client costs as necessary between
this item and Item 4300-101-0001 to provide for the net transfer of
clients, resulting from program closures, between the Department of
Rehabilitation and the Department of Developmental Services. The
amount transferred shall be based on the amount budgeted per client
by each department for the remainder of the fiscal year.
5160-001-0600--For support of Department of Rehabilitation, for
payment to Item 5160-001-0001, payable from the Vending Stand
Fund . . . 3,394,000
5160-001-0890--For support of Department of Rehabilitation, for
payment to Item 5160-001-0001, payable from the Federal Trust Fund
. . . 269,650,000
Provisions:
1. The amount appropriated in this item that is payable from federal
Social Security Act funds for vocational rehabilitation services for
SSI/SSDI recipients shall be expended only to the extent that funds
received exceed the amount appropriated by Item 5160-101-0890 that
is payable from the federal Social Security Act funds. It is the
intent of
the Legislature that first priority of federal Social Security Act
funding
be given to independent living centers in the amount of federal
Social
Security Act funding appropriated by Item 5160-101-0890.
5160-101-0890--For local assistance, Department of Rehabilitation,
payable from the Federal Trust Fund . . . 15,736,000
Schedule:
(2) 30-Support of Community Facilities . . . 15,736,000
5160-490--Reappropriation, Department of Rehabilitation.
$1,736,000 of the balance of the appropriations provided in the
following citations is reappropriated to pay for expenditures from
the
2002-03 fiscal year, and shall be available for encumbrance or
expenditure until June 30, 2005:
0001--General Fund
(1) Item 5160-001-0001 of the Budget Act of 2003 (Ch. 157, Stats.
2003), $736,000 from Schedule (1) 10--Vocational Rehabilitation
Services
(2) Item 5160-101-0001 of the Budget Act of 2003 (Ch. 157, Stats.
2003), $1,000,000 from Schedule (1.5) 20--Habilitation Services
5170-001-0001--For support of State Independent Living Council . . .
0
Schedule:
(1) 10-State Council Services . . . 452,000
(2) Reimbursements . . . -452,000
5175-001-0001--For support of Department of Child Support
Services . . . 11,998,000
Schedule:
(1) 10-Child Support Services . . . 36,674,000
(2) Reimbursements . . . -122,000
(3) Amount payable from the Federal Trust Fund (Item
5175-0010890) . . . -24,554,000
Provisions:
1. It is the intent of the Legislature to continue to provide funding
for
those activities necessary for the child support state administrative
hearing process, to ensure compliance with statutory timeframes.
Notwithstanding any other provision of law, upon request by the
Department of Child Support Services, the Department of Finance
may augment the amount available for expenditure in this item to pay
costs associated with the state administrative hearing process.
Concurrent with the Department of Finance's approval, written
notification shall be provided to the Chairperson of the Joint
Legislative Budget Committee and the chairperson of the committee in
each house that considers appropriations.
2. Notwithstanding any other provision of law, upon request by the
Department of Child Support Services, the Department of Finance
may augment the amount available for expenditure in this item and
establish new positions as necessary, if the revenues generated by
the
Child Support Enhanced Collection Reforms and the associated
workload justify such an increase. The augmentation may be effected
not sooner than 30 days after notification in writing of the
necessity
therefor to the chairperson of the committee in each house of the
Legislature that considers appropriations and the Chairperson of the
Joint Legislative Budget Committee, or not sooner than whatever
lesser time the chairperson of the joint committee, or his or her
designee, may in each instance determine.
3. Notwithstanding any other provision of law, upon request by the
Department of Child Support Services, the Director of Finance may
augment the amount available for expenditure in this item to pay
costs
for version 1 implementation of the Child Support Automation Project
and for startup costs for the second component, the State
Disbursement
Unit. The augmentation may be effected not sooner than 30 days after
notification in writing of necessity therefor to the chairperson of
the
committee in each house of the Legislature that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, unless the chairperson of the joint committee, or his or
her
designee, determines that a lesser time period is sufficient. The
funds
appropriated by this provision shall be consistent with the amount
approved by the Department of Finance based on its review and
approval of the required Feasibility Study Report, a Special Project
Report, or equivalent document.
5175-001-0890--For support of Department of Child Support
Services, for payment to Item 5175-001-0001, payable from the
Federal Trust Fund . . . 24,554,000
Provisions:
1. It is the intent of the Legislature to provide sufficient funding
to
ensure that Child Support State Administrative Hearings are
conducted to meet statutory timeframes. Notwithstanding the 30-day
notification requirement set forth in subdivision (d) of Section
28.00
of this act, upon request by the Department of Child Support
Services,
the Department of Finance may augment expenditure authority in this
item to fund increased hearings' costs at the time the request is
made.
Concurrent with the Department of Finance approval, written
notification shall be provided to the Chairperson of the Joint
Legislative Budget Committee and the chairperson of the committee in
each house that considers appropriations.
2. Provisions 2 and 3 of Item 5175-001-0001 shall also apply to this
item.
5175-002-0001--For support of Department of Child Support
Services . . . 23,989,000
Schedule:
(1) 10-Child Support Services . . . 85,818,000
(2) Amount payable from the Federal Trust Fund (Item
5175-002-0890) . . . -61,829,000
Provisions:
1. Funds in this item shall be used for contracts and interagency
agreements in the child support program, unless otherwise authorized
by the Department of Finance no sooner than 30 days after providing
notification in writing to the chairperson of the fiscal committee of
each house of the Legislature and the Chairperson of the Joint
Legislative Budget Committee, or no sooner than such lesser time as
the chairperson of the committee, or his or her designee, may in each
instance determine.
2. Notwithstanding any other provision of law, the Department of
Finance may augment this item to reimburse the Judicial Council for
the increased costs associated with salary adjustments for child
support commissioners and family law facilitators pursuant to Section
70141(e) of the Government Code, in the event such salary
adjustments are provided to superior court judges, no sooner than 30
days after notification in writing of the necessity therefor to the
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine.
3. It is the intent of the Legislature to continue to provide funding
for
those activities necessary for the child support state administrative
hearing process to ensure compliance with statutory timeframes.
Notwithstanding any other provision of law, upon request by the
Department of Child Support Services, the Department of Finance
may augment the amount available for expenditure in this item to pay
costs associated with the state administrative hearing process.
Concurrent with the Department of Finance approval, written
notification will be provided to the Chairperson of the Joint
Legislative Budget Committee and the chairperson of the committee in
each house that considers appropriations.
4. Notwithstanding any other provision of law, upon request by the
Department of Child Support Services, the Department of Finance
may augment the amount available for expenditure in this item and
establish new positions as necessary, if the revenues generated by
the
Child Support Enhanced Collection Reforms and the associated
workload justify such an increase. The augmentation may be effected
not sooner than 30 days after notification in writing of the
necessity
therefor to the chairperson of the committee in each house of the
Legislature that considers appropriations and the Chairperson of the
Joint Legislative Budget Committee, or not sooner than whatever
lesser time the chairperson of the joint committee, or his or her
designee, may in each instance determine.
5. Notwithstanding any other provision of law, upon request by the
Department of Child Support Services, the Director of Finance may
augment the amount available for expenditure in this item to pay
costs
for version 1 implementation of the Child Support Automation Project
and for startup costs for the second component, the State
Disbursement
Unit. The augmentation may be effected not sooner than 30 days after
notification in writing of necessity therefor to the chairperson of
the
committee in each house of the Legislature that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee unless the chairperson of the joint committee, or his or
her
designee, determines that a lesser time period is sufficient. The
funds
appropriated by this provision shall be consistent with the amount
approved by the Director of Finance based on its review and
approval of the required Feasibility Study Report, Special Project
Report or equivalent document.
5175-002-0890--For support of Department of Child Support
Services, for payment to Item 5175-002-0001, payable from the
Federal Trust Fund . . . 61,829,000
Provisions:
1. Provisions 1, 2, 4, and 5 of Item 5175-002-0001 also apply to this
item.
2. It is the intent of the Legislature to provide sufficient funding
to
ensure that Child Support State Administrative Hearings are
conducted to meet statutory timeframes. Notwithstanding the 30-day
notice requirement set forth in subdivision (d) of Section 28.00 of
this
act, upon request by the Department of Child Support Services, the
Department of Finance may augment expenditure authority in this item
to fund increased costs associated with the state administrative
hearing process at the time the request is made. Concurrent with the
Department of Finance approval, written notification shall be
provided to the Chairperson of the Joint Legislative Budget
Committee and the chairperson of the committee in each house that
considers appropriations.
5175-101-0001--For local assistance, Department of Child Support
Services . . . 252,159,000
Schedule:
(1) 10-Child Support Services . . . 978,519,000
(a) 10.01-Child Support Administration . . . 875,095,000
(b) 10.03-Child Support Automa- tion . . . 103,424,000
(2) Reimbursements . . . -321,000
(3) Amount payable from the Federal Trust Fund (Item
5175-1010890) . . . -447,175,000
(4) Amount payable from the Child Support Collections Recovery
Fund (Item 5175-101-8004) . . . -278,864,000
Provisions:
1. No funds appropriated in this item shall be encumbered unless
every rule or regulation adopted and every child support services
letter or similar instruction issued by the Department of Child
Support
Services that adds to the cost of the child support program is
approved by the Department of Finance as to the availability of funds
before it becomes effective. In making the determination as to
availability of funds to meet the expenditures of a rule, regulation,
or
child support services letter that would increase the costs of the
program, the Department of Finance shall consider the amount of the
proposed increase on an annualized basis, the effect the change would
have on the expenditure limitations for the program set forth in this
act, the extent to which the rule, regulation, or child support
services
letter constitutes a deviation from the premises under which the
expenditure limitations were prepared, and any additional factors
relating to the fiscal integrity of the program or the state's fiscal
situation.
Notwithstanding Section 28.00 of this act, the availability of
funds
contained in this item for child support program rules, regulations,
or
child support services letters that add to program costs funded from
the General Fund in excess of $500,000 on an annual basis, including
those that are the result of federal regulations but excluding those
that
are
(a) specifically required as a result of the enactment of a federal
or
state law, or
(b) included in the appropriation made by this act, shall not be
approved by the Department of Finance sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of
the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or such lesser
time as the chairperson of the committee, or his or her designee, may
in each instance determine. Funds appropriated in this item are for
the
child support program consisting of state and federal statutory law,
regulations, and court decisions, if funds necessary to carry out
those
decisions are specifically appropriated in this act.
2. Notwithstanding any other provision of law, a loan not to exceed
$136,000,000 shall be made available from the General Fund, from
funds not otherwise appropriated, to cover the federal share of costs
of the program when the federal funds have not been received by this
state prior to the usual time for transmitting that federal share to
the
counties of this state or to cover the federal share of child support
collections for which the federal funds have been reduced prior to
the
collections being received from the counties. This loan from the
General Fund shall be repaid when the federal share of costs for the
program becomes available or when the collections are received from
the counties.
3. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5175-001-0001 in order to allow the state to perform the functions or
oversee the functions of the local child support agency in the event
a
county fails to perform that function or is out of compliance with
state
performance standards.
4. It is the intent of the Legislature that the California Child
Support
Automation Project receive the highest commitment and priority of all
of the state's child support automation activities.
5. Of the amount appropriated in this item, $5,364,000 shall be
available for approving funding for county-specific automation
projects for the enhancements to existing county child support
automation systems and for transitioning counties from existing
legacy
systems to one of the four selected consortia systems. The funds
subject to this provision shall be available for expenditure by the
Department of Child Support Services until June 30, 2006.
6. Of the amount appropriated in this item, the $5,364,000 allocated
for enhancements to the existing county child support automation
systems shall not be expended until the Department of Finance
approves the Advance Planning Document that is submitted to the
federal Administration of Children and Families. In the event that
any
proposed enhancements are not approved for federal financial
participation, the Department of Child Support Services shall submit
a
revised plan to the Department of Finance detailing how it will re
prioritize projects to remain within existing General Fund
expenditure
authority.
7. Notwithstanding any other provision of law, upon request by the
Department of Child Support Services, the Department of Finance
may augment the amount available for expenditure in this item to pay
costs for version 1 implementation of the Child Support Automation
Project and for startup costs for the second component, the State
Disbursement Unit. The augmentation may be effected no sooner than
30 days after notification in writing of the necessity therefor to
the
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, unless the chairperson of the joint committee, or
his or her designee, determines that a lesser time period is
sufficient.
The funds appropriated by this provision shall be consistent with the
amount approved by the Department of Finance based on its review
and approval of the required Feasibility Study Report, Special
Project
Report, or equivalent document.
8. The Department of Child Support Services, Franchise Tax Board,
and Department of Finance shall jointly report during the annual
budget subcommittee hearings on the status of the Child Support
Automation Project in meeting major milestones in the 2004-05 fiscal
year project schedule such as documentation of the software
requirements for the design of version 2, award of the State
Disbursement Unit contract, and conversion of the remaining 14
counties to the California Assisted Support Enforcement System
(CASES).
9. Of the amount appropriated in this item, $4,000,000 shall be made
available to the Los Angeles Local Child Support Agency (LALCSA)
for a period of one year. This amount shall be in addition to the
LALCSA's initial planning allocation and shall be utilized by
LALCSA to improve program performance, including, but not limited
to, increasing child support collections and increasing performance
in
the five federal performance measures above the performance
expectations set by the Department of Child Support Services for the
2004-05 fiscal year. As a condition of receiving these funds,
LALCSA shall increase child support collections by at least
$15,622,505 above the level estimated by the department for
LALCSA for the 2004-05 fiscal year. The estimated General Fund
share of these collections would be $2,152,000. Failure to meet
collections standards for the 2004-05 fiscal year will require Los
Angeles County to repay funds in proportion to the increased
performance level (collection) achieved. If Los Angeles County does
not remit the full amount due by that date, any unpaid amount shall
be
deducted by the Department of Finance from the county allocation for
the 2005-06 fiscal year, but the deduction shall in no case exceed
$4,000,000.
5175-101-0890--For local assistance, Department of Child Support
Services, for payment to Item 5175-101-0001, payable from the
Federal Trust Fund . . . 447,175,000
Provisions:
1. Provisions 1 and 5 of Item 5175-101-0001 also apply to this item.
2. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5175-001-0890 in order to allow the state to perform the functions or
oversee the functions of the local child support agency in the event
a
county fails to perform that function or is out of compliance with
state
performance standards.
3. Of the funds appropriated in this item, the Department of Child
Support Services shall reimburse the Department of Social Services
quarterly for the federal share of foster care child support
collections
reported to the federal government.
4. Upon request of the Department of Child Support Services, the
Department of Finance may increase or decrease the expenditure
authority in this item pursuant to the provisions of Section 28.00 of
this act to offset any increases or decreases in collections
deposited in
the Child Support Collections Recovery Fund and appropriated in
Item 5175-101-8004.
5. Provision 7 of Item 5175-101-0001 shall also apply to this item.
5175-101-8004--For local assistance, Department of Child Support
Services, for payment to Item 5175-101-0001, payable from the Child
Support Collections Recovery Fund . . . 278,864,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may increase or decrease this appropriation, for the purposes
of Section 17702.5 of the Family Code, not sooner than 30 days after
notification in writing of the necessity thereof is provided to the
Chairperson of the Joint Legislative Budget Committee and the
chairperson of the committee in each house of the Legislature that
considers appropriations, or not sooner than whatever lesser time as
the Chairperson of the Joint Legislative Budget Committee, or his or
her designee, may in each instance determine. Adjustments to
expenditure authority shall be consistent with those made pursuant to
Provision 4 of Item 5175-101-0890.
5175-490--Reappropriation, Department of Child Support Services.
The amount of the appropriations specified in the following citations
are reappropriated for the purpose of conducting conversions of two
consortia automation systems and shall be available for encumbrance
or expenditure until June 30, 2005.
0001--General Fund
(1) Up to $711,000 in Item 5175-101-0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003)
(1) (a) 10.01 Child Support Administration
0890--Federal Trust Fund
(1) Up to $96,000 in Item 5175-101-0890 of the Budget Act of 2003
(Ch. 157, Stats. 2003)
(1) (a) 10.01 Child Support Administration
5175-495--Reversion, Department of Child Support Services. As of
June 30, 2004, the amount of the appropriation specified in the
following citation shall revert to the fund from which the
appropriation was made:
0001--General Fund
(1) Up to $715,000 appropriated in Item 5175-101-0001 of the
Budget Act of 2003 (Ch. 157, Stats. 2003)
(1) 10-Child Support Services
(a) 10.01 Child Support Administration
5180-001-0001--For support of Department of Social Services . . .
75,205,000
Schedule:
(1) 16-Welfare Programs . . . 65,115,000
(2) 25-Social Services and Licensing . . . 129,076,000
(3) 35-Disability Evaluation and Other Services . . . 231,567,000
(6) 60.01-Administration . . . 34,654,000
(7) 60.02-Distributed Administration . . . -34,654,000
(8) Reimbursements . . . -23,290,000
(9) Amount payable from Foster Family Home and Small Family
Home Insurance Fund (Item 5180-001-0131) . . . -2,695,000
(10) Amount payable from the Federal Trust Fund (Item
5180-0010890) . . . -324,568,000
Provisions:
1. The Department of Finance may authorize the transfer of funds from
Schedule (2) of this item to Schedule (1), Program 25.30, of Item
5180-151-0001, Children and Adult Services and Licensing, in order
to allow counties to perform the facilities evaluation function.
2. The Department of Finance may authorize the transfer of funds from
Schedule (2) of this item to Schedule (1), Program 25.30, of Item
5180-151-0001, Children and Adult Services and Licensing, in order
to allow counties to perform the adoptions program function.
3. Nonfederal funds appropriated in this item which have been
budgeted to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would
cause their disqualification as a federally allowable
maintenance-of-effort expenditure.
4. Notwithstanding paragraph (4) of subdivision (b) of Section 1778
of the Health and Safety Code, the State Department of Social
Services may use no more than 20 percent of the fees collected
pursuant to Chapter 10 (commencing with Section 1770) of Division 2
of the Health and Safety Code for overhead costs, facilities
operation,
and indirect department costs.
5. It is the intent of the Legislature to provide sufficient funding
to
ensure that child support state administrative hearings are conducted
to meet statutory timeframes. Notwithstanding the 30-day notice
requirement set forth in subdivision (d) of Section 28.00 of this
act,
upon request of the Department of Child Support Services, the
Department of Finance may augment expenditure authority in this item
to fund increased costs associated with the state administrative
hearing process at the time the request is made. Concurrent with the
Department of Finance approval, written notification shall be
provided to the Chairperson of the Joint Legislative Budget
Committee and the chairperson of the committee in each house that
considers appropriations.
6. It is the intent of the Legislature to provide sufficient funding
to
ensure that electronic benefit transfer state administrative hearings
are
conducted to meet statutory timeframes. Notwithstanding the 30-day
notice requirement set forth in subdivision (d) of Section 28.00 of
this
act, upon request by the Department of Social Services, the
Department of Finance may augment expenditure authority in this item
to fund increased costs associated with the state administrative
hearing process at the time the request is made. Concurrent with the
Department of Finance approval, written notification shall be
provided to the Chairperson of the Joint Legislative Budget
Committee and the chairperson of the committee in each house that
considers appropriations.
7. Expenditures incurred by the Department of Social Services for its
implementation of Chapter 669, Statutes of 2002 (SB 646) shall not
exceed the amount of revenue collected from charging substitute child
care employee registries an administrative fee for participation.
5180-001-0131--For support of Department of Social Services, for
payment to Item 5180-001-0001, for claim payments and the operation
and maintenance of the Foster Family Home and Small Family Home
Insurance Fund . . . 2,695,000
Provisions:
1. The Department of Finance is authorized to approve expenditures
from the unexpended balance available from prior years'
appropriations in the Foster Family Home and Small Family Home
Insurance Fund during the 2004-05 fiscal year, in those amounts made
necessary by increases in either the payment of claims or the costs
of
operating and maintaining the Foster Family Home and Small Family
Home Insurance Fund, which are within or in excess of amounts
appropriated in this act for that year.
If the Department of Finance determines that the estimate of
expenditures will exceed the expenditures authorized for the 2004-05
fiscal year, the department shall notify the Legislature. Upon
notification the amount of the limitation for the 2004-05 fiscal year
shall be increased by the amount of such excess from the unexpended
balance available from prior years' appropriations in the Foster
Family Home and Small Family Home Insurance Fund.
5180-001-0270--For support of Department of Social Services,
payable from the Technical Assistance Fund . . . 23,951,000
5180-001-0271--For support of Department of Social Services,
payable from the Certification Fund . . . 1,139,000
5180-001-0279--For support of Department of Social Services,
payable from the Child Health and Safety Fund . . . 840,000
5180-001-0803--For support of Department of Social Services,
payable from the State Children's Trust Fund . . . 152,000
5180-001-0890--For support of Department of Social Services, for
payment to Item 5180-001-0001, payable from the Federal Trust Fund
. . . 324,568,000
Provisions:
1. The Department of Finance may authorize the transfer of federal
funds from this item to Item 5180-151-0890 in order to allow counties
to perform the adoption program functions, and the fa cilities
evaluation function in Community Care Licensing in the Department of
Social Services.
2. Provisions 5 and 6 of Item 5180-001-0001 also apply to this item.
5180-011-0001--For transfer by the Controller to the Foster Family
Home and Small Family Home Insurance Fund . . . 1,729,000
Provisions:
1. Provision 1 of Item 5180-001-0131 also applies to this item.
5180-011-0279--For transfer by the Controller from the Child Health
and Safety Fund to the State Children's Trust Fund . . . 44,000
5180-011-0890--For transfer by the Controller from the Federal Trust
Fund to the Foster Family Home and Small Family Home Insurance
Fund . . . 966,000
Provisions:
1. Provision 1 of Item 5180-001-0131 also applies to this item.
5180-101-0001--For local assistance, Department of Social Services
. . . 2,881,929,000
Schedule:
(1) 16.30-CalWORKs . . . 5,231,280,000
(2) 16.65-Other Assistance Payments . . . 1,522,917,000
(3) Reimbursements . . . -138,204,000
(4) Amount payable from the Emergency Food Assistance Program
Fund (Item 5180-101-0122) . . . -505,000
(5) Amount payable from the Employment Training Fund (Item
5180-101-0514) . . . -56,432,000
(6) Amount payable from the Federal Trust Fund (Item
5180-1010890) . . . -3,677,127,000
Provisions:
1. No funds appropriated in this item shall be encumbered unless
every rule or regulation adopted and every all-county letter issued
by
the Department of Social Services that adds to the cost of any
program
is approved by the Department of Finance as to the availability of
funds before it becomes effective. In making the determination as to
availability of funds to meet the
expenditures of a rule, regulation, or
all-county letter that would increase the costs of a program, the
Department of Finance shall consider the amount of the proposed
increase on an annualized basis, the effect the change would have on
the expenditure limitations for the program set forth in this act,
the
extent to which the rule, regulation, or all-county letter
constitutes a
deviation from the premises under which the expenditure limitations
were prepared, and any additional factors relating to the fiscal
integrity of the program or the state's fiscal situation.
Notwithstanding Sections 28.00 and 28.50 of this act, the
availability
of funds contained in this item for rules, regulations, or all-county
letters that add to program costs funded from the General Fund in
excess of $500,000 on an annual basis, including those that are the
result of a federal regulation but excluding those that are (a)
specifically required as a result of the enactment of a federal or
state
law, or (b) included in the appropriation made by this act, shall not
be
approved by the Department of Finance sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of
the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or such lesser
time as the chairperson of the committee, or his or her designee, may
in each instance determine.
2. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part 6 of Division 9 of the Welfare and Institutions Code, a loan not
to
exceed $500,000,000 shall be made available from the General Fund,
from funds not otherwise appropriated, to cover the federal share of
costs of a program(s) when the federal funds have not been received
by this state prior to the usual time for transmitting that federal
share
to the counties of this state. This loan from the General Fund shall
be
repaid when the federal share of costs for the program or programs
becomes available.
3. The Department of Finance may authorize the transfer of amounts
from this item to Item 5180-001-0001 in order to fund the cost of the
administrative hearing process associated with changes in aid
payments in the CalWORKs program.
4. The Department of Finance is authorized to approve expenditures in
those amounts made necessary by changes in either caseload or
payments, or any rule or regulation adopted and any all-county letter
issued as a result of the enactment of a federal or state law, the
adoption of a federal regulation, or the following of a court
decision,
during the 2004-05 fiscal year that are within or in excess of
amounts
appropriated in this act for that year.
If the Department of Finance determines that the estimate of
expenditures will exceed the expenditures authorized for this item,
the
department shall so report to the Legislature. At the time the report
is
made, the amount of the limitation shall be increased by the amount
of
the excess unless and until otherwise provided by law.
6. Nonfederal funds appropriated in this item which have been
budgeted to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would
cause their disqualification as a federally allowable
maintenance-of-effort expenditure.
7. In the event of declared disaster and upon county request, the
State
Department of Social Services may act in the place of any county and
assume direct responsibility for the administration of eligibility
and
grant determination. Upon recommendation of the Director of Social
Services, the Department of Finance may authorize the transfer of
funds from Items 5180-101-0001 and 5180-101-0890, to Items
5180-001-0001 and 5180-001-0890, for this purpose.
8. Pursuant to the Electronic Benefit Transfer (EBT) Act (Chapter 3
(commencing with Section 10065) of Part 1 of Division 9 of the
Welfare and Institutions Code) and in accordance with the EBT
System regulations (Manual of Policies and Procedures Section
16-401.15), in the event a county fails to reimburse the EBT
contractor for settlement of EBT transactions made against the
county's cash assistance programs, the state is required to pay the
contractor. The Department of Social Services may use funds from
this item to reimburse the EBT contractor for settlement on behalf of
the county. The county shall be required to re imburse the Department
of Social Services for county's settlement via direct payment or
administrative offset.
9. Upon certification that funds are available pursuant to Section
6.60
of this act, the Director of Finance shall augment this item by up to
$40,000,000. Any augmentation to this item shall be in lieu of funds
appropriated in Item 5180-101-0514 for CalWORKs employment
services.
10. Upon request of the Department of Social Services, the Director
of Finance may increase or decrease the expenditure authority in this
item pursuant to the provisions of Section 28.00 of this act to
offset
any increases or decreases in collections deposited in the Child
Support Collections Recovery Fund and appropriated in Item
5180-101-8004.
11. It is the intent of the Legislature that General Fund moneys
appropriated in this item for the purpose of meeting the federal
Temporary Assistance for Needy Families (TANF)
maintenance-of-effort (MOE) requirement account for the
MOE-countable General Fund moneys appropriated in Item
6110-196-0001. General Fund moneys appropriated in Item
6110-196-0001 for child care should be countable towards the TANF
MOE requirement to the extent those funds are expended on behalf of
CalWORKs recipients.
5180-101-0122--For local assistance, Department of Social Services,
for payment to Item 5180-101-0001, payable from the Emergency
Food Assistance Program Fund . . . 505,000
5180-101-0514--For local assistance, Department of Social Services,
for payment to Item 5180-101-0001, payable from the Employment
Training Fund . . . 56,432,000
Provisions:
1. The amount appropriated in this item shall be reduced by the
amount that Item 5180-101-0001 is augmented pursuant to Provision 9
of that item up to $40,000,000.
5180-101-0890--For local assistance, Department of Social Services,
for payment to Item 5180-101-0001, payable from the Federal Trust
Fund . . . 3,677,127,000
Provisions:
1. Provisions 1, 4, 7, and 8 of Item 5180-101-0001 also apply to this
item.
2. The Director of Finance may authorize the transfer of amounts from
this item to Item 5180-001-0890 in order to fund the cost of the
administrative hearing process associated with changes in aid
payments in the CalWORKs program.
3. The State Department of Social Services may transfer up to
$10,000,000 of the funds appropriated in this item for Program
16.30--CalWORKs, from the TANF block grant to the Social
Services Block Grant
(Title XX) pursuant to authorization in the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193). The Title XX funds shall be pooled with
TANF funds appropriated in this item for CalWORKs Child Care, for
the purpose of broadening access to federal Child and Adult Care
Food Program benefits for low-income children in proprietary child
care centers. This transfer shall occur only if the Director of
Finance
approves the pooling of Title XX funds with CCDF and/or TANF
funds.
5180-101-8004--For local assistance, Department of Social Services,
Program 10.02 Foster Care, payable from the Child Support
Collections Recovery Fund . . . 13,063,000
Provisions:
1. Notwithstanding any other provision of law, upon request by the
Department of Social Services, the Department of Finance may
increase or decrease this appropriation, for the purposes of Section
17702.5 of the Family Code, no sooner than 30 days after notification
in writing of the necessity thereof, is provided to the Chairperson
of
the Joint Legislative Budget Committee and the chairperson of the
committee in each house of the Legislature that considers
appropriations, unless the Chairperson of the Joint Legislative
Budget
Committee, or his or her designee, imposes a lesser time. Adjustments
to expenditure authority shall be consistent with those made pursuant
to Provision 4 of Item 5180-101-0890.
5180-111-0001--For local assistance, Department of Social Services
. . . 4,643,150,000
Schedule:
(1) 16.70-SSI/SSP . . . 3,485,408,000
(2) 25.15-IHSS . . . 3,511,729,000
(3) Reimbursements . . . -2,353,987,000
Provisions:
1. Provisions 1 and 4 of Item 5180-101-0001 also apply to this item.
2. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part 6 of Division 9 of the Welfare and Institutions Code, a loan not
to
exceed $195,000,000 shall be made available from the General Fund
from funds not otherwise appropriated, to cover the federal share or
reimbursable share, or both, of costs of a program(s) when the
federal
funds or reimbursements (from the Health Care Deposit Fund or
counties) have not been received by this state prior to the usual
time
for transmitting payments for the federal or reimbursable share of
costs for this state. That loan from the General Fund shall be repaid
when the federal share of costs for the program(s) becomes available,
or in the case of reimbursements, subject to Section 16351 of the
Government Code. County reimbursements also shall be subject to
Section 16314 of the Government Code, which specifies the rate of
interest. The department may offset a county's share of cost of the
In-Home Supportive Services (IHSS) program against local
assistance payments made to the county if the county fails to
reimburse
its share of cost of the IHSS program to the state.
4. The State Department of Social Services shall provide technical
assistance to counties to ensure that they maximize the receipt of
federal funds for the In-Home Supportive Services Program, without
compromising the quality of the services provided to In-Home
Supportive Services recipients.
5180-141-0001--For local assistance, Department of Social Services
. . . 405,478,000
Schedule:
(1) 16.75-County Administration and Automation Projects . . .
1,024,616,000
(2) Reimbursements . . . -38,313,000
(3) Amount payable from the Federal Trust Fund (Item
5180-1410890) . . . -580,825,000
Provisions:
1. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part 6 of Division 9 of the Welfare and Institutions Code, a loan not
to
exceed $127,000,000 shall be made available from the General Fund,
from funds not otherwise appropriated, to cover the federal share of
costs of a program(s) when the federal funds have not been received
by this state prior to the usual time for transmitting that federal
share
to the counties of this state. This loan from the General Fund shall
be
repaid when the federal share of costs for the program or programs
becomes available.
2. In the event of declared disaster and upon county request, the
State
Department of Social Services may act in the place of any county and
assume direct responsibility for the administration of eligibility
and
grant determination. Upon recommendation of the Director of Social
Services, the Department of Finance may authorize the transfer of
funds from Items 5180-141-0001 and 5180-141-0890, to Items
5180-001-0001 and 5180-001-0890, for this purpose.
3. Provision 1 of Item 5180-101-0001 also applies to this item.
4. Pursuant to public assistance caseload estimates reflected in the
annual Governor's Budget, the Department of Finance may approve
expenditures in those amounts made necessary by changes in caseload
that are in excess of amounts appropriated in this act. If the
Department of Finance determines that the estimate of expenditures
will exceed the expenditures authorized for this item, the department
shall so report to the Legislature. At the time the report is made,
the
amount of the limitation shall be increased by the amount of the
excess
unless and until otherwise provided by law.
5. Nonfederal funds appropriated in this item which have been
budgeted to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would
cause their disqualification as a federally allowable
maintenance-of-effort expenditure.
6. Section 11.00 of this act shall apply to contracts entered into
for the
development and implementation of the Consortium IV, Interim
Statewide Automated Welfare System, Los Angeles Eligibility,
Automated Determination, Evaluation, and Reporting, and Welfare
Client Data Systems consortia of the Statewide Automated Welfare
System.
5180-141-0890--For local assistance, Department of Social Services,
for payment to Item 5180-141-0001, payable from the Federal Trust
Fund . . . 580,825,000
Provisions:
1. Provisions 2, 3, 4, and 6 of Item 5180-141-0001 also apply to this
item.
5180-151-0001--For local assistance, Department of Social Services
. . . 768,509,000
Schedule:
(1) 25.30-Children and Adult Services and Licensing . . .
2,049,695,000
(2) 25.35-Special Programs . . . 21,900,000
(3) Reimbursements . . . -85,906,000
(4) Amount payable from the Child Health and Safety Fund (Item
5180-151-0279) . . . -445,000
(5) Amount payable from the State Children's Trust Fund (Item
5180-151-0803) . . . -6,332,000
(6) Amount payable from the Federal Trust Fund (Item
5180-1510890) . . . -1,210,403,000
Provisions:
1. Provision 1 of Item 5180-101-0001 also applies to this item.
2. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part 6 of Division 9 of the Welfare and Institutions Code, a loan not
to
exceed $50,000,000 shall be made available from the General Fund
from funds not otherwise appropriated, to cover the federal share of
costs of a program(s) when the federal funds have not been received
by this state prior to the usual time for transmitting that federal
share
to the counties of this state. That loan from the General Fund shall
be
repaid when the federal share of costs for the program(s) becomes
available.
3. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5180-001-0001, in order to allow the state to perform the facilities
evaluation function of Community Care Licensing in the event the
counties fail to perform that function.
4. Nonfederal funds appropriated in this item which have been
budgeted to meet the state's Temporary Assistance for Needy Families
maintenance-of effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would
cause their disqualification as a federally allowable
maintenance-of-effort expenditure.
5. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5180-001-0001, in order to allow the state to perform the adoptions
function in the event that a county notifies the Department of Social
Services that it intends to cease performing that function.
6. Notwithstanding any other provision of law, upon request by the
State Department of Social Services, the Department of Finance may
redirect funding appropriated in this item for the Child Welfare
Services/Case Management System (CWS/CMS) to pay costs
associated with the planning and procurement of the migration of the
hosting function of the CWS/CMS to the Health and Human Services
Data Center, upon approval by the federal government of the state's
"Go-Forward" plan for the CWS/CMS project and restoration of
Statewide Automated Child Welfare Information System-level federal
funding. This redirection shall not be effected sooner than 30 days
after notification in writing of the necessity therefor to the
chairperson
of the committee in each house of the Legislature that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or whatever lesser time the chairperson of the committee,
or his or her designee, may in each instance determine. The
redirection of expenditure authority granted pursuant to this
provision
shall be consistent with the amount approved by the Department of
Finance based on its review of the special project report or
equivalent document.
7. It is the intent of the Legislature that the Department of Social
Services and the Health and Human Services Data Center provide the
highest commitment and priority to completing the Technical
Architecture Alternatives Analysis plan and beginning the
re-procurement for the Child Welfare Services/Case Management
System.
8. On or before April 1, 2005, the Department of Social Services
shall submit the Technical Architecture Alternatives plan to the
federal government and the Chairperson of the Joint Legislative
Budget Committee. The plan shall include, but is not limited to,
analyses of both Statewide Automated Child Welfare Information
System (SACWIS) and non-SACWIS alternatives, including a
cost-benefit analysis of each alternative. Alternatives for
technology
changes must examine both the technology of the existing system and
other technologies that can be readily enhanced and modernized for
the expected life of the system, and that employ open architectures
and
standards. Each alternative examined shall consider a strategy that
ensures open and fair competition, including a multi-procurement
strategy. The Department of Social Services shall consult with the
County Welfare Directors Association during the development of the
plan.
9. Of the amount appropriated in this item, $54,319,000 from the
General Fund shall be available to maintain and operate the Child
Welfare Services/Case Management System. In the event that the
federal government disapproves federal financial participation in any
amount, the Department of Social Services shall immediately notify
the Department of Finance. Within 45 days of receiving notification
of
federal government disapprovals exceeding a cumulative total of
$1,000,000, the Department of Finance shall provide the Chairperson
of the Joint Legislative Budget Committee and the chairpersons of the
fiscal committees of both houses of the Legislature a proposed
revised
expenditure plan.
10. The Department of Social Services shall consult with the
counties,
children's advocates, and current and former foster youth in the
development and implementation of permanency and youth services
initiatives.
11. On or before July 1, 2005, the Department of Social Services,
with input from the Continuing Care Advisory Committee established
pursuant to Section 1777 of the Health and Safety Code, shall create
a
panel of residents, providers, and representatives of the department
to
develop governance standards for applicants and operators of
continuing care retirement communities, including, but not limited
to,
standards that define the authority and representation of independent
directors on boards of directors of continuing care retirement
communities and on the audit, compensation, and nominating
committees of the boards of directors.
12. Of the amount appropriated in this item, $91,440,000 shall be
provided to counties to fund additional child welfare service
activities and shall be allocated based on child welfare services
caseload and county unit costs. However, no county shall receive less
than $100,000. These funds shall be expressly targeted for emergency
response, family reunification, family maintenance, and permanent
placement services, and shall be used to supplement, not to supplant,
child welfare services funds. A county is not required to provide a
match of the funds received pursuant to this provision if the county
appropriates the required full match for the county's child welfare
services program exclusive of the funds received pursuant to this
provision. These funds are available only to counties that have
certified that they are fully utilizing the Child Welfare
Services/Case
Management System (CWS/CMS) or have entered into an
agreed-upon plan with the State Department of Social Services
outlining the steps that will be taken to achieve full utilization.
The
department shall reallocate any funds that counties choose not to
accept under this provision to other counties based on the allocation
formula specified in this provision. The department, in collaboration
with the County Welfare Directors Association and representatives
from labor groups representing social workers, shall develop the
definition of full utilization of the CWS/CMS, the method for
measuring full utilization, the process for the state and counties to
work together to move counties toward full utilization, and
measurements of progress toward full utilization.
5180-151-0279--For local assistance, Department of Social Services,
for payment to Item 5180-151-0001, payable from the Child Health
and Safety Fund . . . 445,000
5180-151-0803--For local assistance, Department of Social Services,
payable from the State Children's Trust Fund . . . 6,332,000
5180-151-0890--For local assistance, Department of Social Services,
for payment to Item 5180-151-0001, payable from the Federal Trust
Fund . . . 1,210,403,000
Provisions:
1. Provisions 1, 3, 5, and 12 of Item 5180-151-0001 also apply to
this
item.
5180-153-0001--For local assistance, Department of Social Services
. . . 1,368,000
5180-402--The Director of Finance is authorized to approve transfers
of $315,203,000 from the federal Temporary Assistance for Needy
Families (TANF) block grant to the Child Care and Development
Fund (CCDF) administered by the State Department of Education, and
the entire amount so transferred shall be used for CalWORKs local
assistance Stage II child care. The moneys transferred to the
Department of Education shall be used only for direct services to
Stage II child care recipients, and the Department of Education shall
use other existing funds available for child care quality
expenditures
to meet the 4 percent quality requirement of federal law associated
with CCDF expenditures. Prior to any fund transfers from TANF to
CCDF, the Department of Education shall certify that the transfer
will
not require additional quality expenditures beyond the existing
expenditures. Should additional quality expenditures be required as a
result of a transfer pursuant to this provision, these transfers
shall
become TANF funds and shall not be transferred to the CCDF. In the
event of a TANF transfer pursuant to this item, the Department of
Education shall comply with existing TANF and CalWORKs
regulations and reporting requirements.
Provisions:
1. Upon request from the State Department of Education, and upon
approval by the Director of Finance, the State Department of Social
Services is authorized to transfer up to $10,000,000 from the
federal
Temporary Assistance to Needy Families (TANF) block grant to the
Social Services Block Grant (Title XX) pursuant to authorization in
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193). These funds shall be
provided to the State Department of Education, to be pooled with
moneys in the Child Care and Development Fund (CCDF), TANF, or
both, for the purpose of broadening access to federal Child and Adult
Care Food Program benefits for low-income children in proprietary
child care centers. The total amount to be transferred to the State
Department of Education from Title XX and TANF combined shall
not exceed $315,203,000. In the event Title XX funds are provided to
the State Department of Education pursuant to this provision, the
State
Department of Education shall comply with all Title XX regulations
and reporting requirements. The Department of Finance shall provide
written notification to the chairpersons of the fiscal committees of
each house of the Legislature and the Chairperson of the Joint
Legislative Budget Committee at the time of the transfer.
5180-403--The Director of Finance is authorized to approve transfers
not to exceed $171,091,000 from the federal Temporary Assistance
for Needy Families (TANF) block grant to and in augmentation of any
program for which TANF funds have been appropriated in this act,
only if the request (1) meets all of the conditions set forth in
Section
28.00 of this act, or (2) is consistent with Provision 4 of Item
5180-101-0001. Any transfers pursuant to this paragraph shall require
the respective legislative notification procedures set forth in
Section
28.00 of this act or Provision 4 of Item 5180-101-0001, whichever is
applicable.
Provisions:
1. Notwithstanding any other provision of law, any funds transferred
in accordance with this item may not be transferred into the social
services block grant (Title XX of the Federal Social Security Act).
2. Of the amount available for transfer pursuant to this item,
$8,900,000 shall be available as necessary to fund subsidized child
care services for children who are 11 or 12 years of age, consistent
with Section 8263.4 of the Education Code.
5180-491--Reappropriation, Department of Social Services.
Notwithstanding any other provision of law, the balance of the funds
for the appropriations provided in the following citations is
reappropriated for expenditure pursuant to Provision 1 and is
available for encumbrance or expenditure until June 30, 2005:
0001--General Fund
(1) Item 5180-111-0001, Budget Act of 2003 (Ch.157, Stats. 2003)
(2) Item 5180-141-0001, Budget Act of 2003 (Ch.157, Stats. 2003)
(3) Item 5180-151-0001, Budget Act of 2003 (Ch.157, Stats. 2003)
0890--Federal Trust Fund
(1) Item 5180-111-0890, Budget Act of 2003 (Ch.157, Stats. 2003)
(2) Item 5180-141-0890, Budget Act of 2003 (Ch.157, Stats. 2003)
(3) Item 5180-151-0890, Budget Act of 2003 (Ch.157, Stats. 2003)
Provisions:
1. It is the intent of this item to continue funding approved
activities
for the automation projects that, due to schedule changes, result in
unexpended appropriations one year and the need for additional
funding in the following year. Therefore, notwithstanding any other
provision of law, the balance of the appropriations for these
automation projects may, upon approval of the Department of Finance,
be
reappropriated for transfer to and in augmentation of the
corresponding items in this act. The funds reappropriated by this
provision shall be made available consistent with the amount
approved by the Department of Finance based on an approved special
project report or equivalent document not sooner than 30 days after
providing notification in writing to the chairperson of the fiscal
committee of each house of the Legislature and the Chairperson of the
Joint Legislative Budget Committee.
5180-492--Reappropriation, Department of Social Services.
Notwithstanding any other provision of law, the balance of funds for
the appropriations provided in the following citations are
reappropriated for expenditure pursuant to Provision 1 and are
available for encumbrance or expenditure until June 30, 2005:
0001--General Fund
(1) Item 5180-151-0001, Budget Act of 2003 (Ch. 157, Stats. 2003)
0890--Federal Trust Fund
(1) Item 5180-151-0890, Budget Act of 2003 (Ch. 157, Stats. 2003)
0803--State Children's Trust Fund
(1) Item 5180-151-0803, Budget Act of 2003 (Ch. 157, Stats. 2003)
Provisions:
1. For the 2003-04 fiscal year, no later than 60 days after receipt
of
fourth quarter claims submitted by the counties, the Department of
Social Services, in consultation with the County Welfare Directors
Association, shall determine the amount of unspent funds allocated to
the Cohort 1 counties for approved Child Welfare Services redesign
activities. Thereafter, notwithstanding any other provision of law,
the
balance of the appropriations for these redesign activities, as
approved by the Department of Finance, shall be reappropriated for
transfer to and in augmentation of the corresponding items in this
act.
The funds reappropriated by this provision shall be made available to
the Cohort 1 counties that had the unspent funds, consistent with the
amount approved by the Department of Finance.
YOUTH AND ADULT CORRECTIONAL
AGENCY
5240-001-0001--For support of the Department of Corrections . . .
5,311,082,000
Schedule:
(1) 21-Institution Program . . . 3,739,070,000
(2) 22-Health Care Services Program . . . 942,126,000
(2.5) 23-Bargaining Unit 6 Provision 8.05 Section H . . . 47,626,000
(2.6) 24-Inmate Education . . . 163,495,000
(3) 31-Community Correctional Program . . . 543,239,000
(4) 41.01-Administration . . . 141,302,000
(5) 41.02-Distributed Administration . . . -141,302,000
(6) Reimbursements . . . -68,837,000
(7) Amount payable from the Federal Trust Fund (Item
5240-001-0890) . . . -2,476,000
(8) Amount payable from the Inmate Welfare Fund (Item
5240-001-0917) . . . -53,161,000
Provisions:
1. Funds appropriated to accommodate projected institutional
population levels in excess of those that actually materialize, if
any,
shall revert to the General Fund, except that the Director of Finance
may approve an increase in expenditures that are not related to
caseload for the Department of Corrections through the redirection of
funding that is reasonably believed not to be needed for
accommodating projected institutional population levels if the
approval is made in writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of each house
of the Legislature that considers appropriations not later than 30
days
prior to the effective date of the approval, or prior to whatever
lesser
time the chairperson of the joint committee, or his or her designee,
may in each instance determine. All no-tifications shall include (a)
the
reason for the proposed redirection of caseload funding to
expenditures that are not related to caseload, (b) the approved
amount,
and (c) the basis of the director's determination that the funding is
not
needed for accommodating projected institutional population levels.
2. Funds appropriated to accommodate projected parole population
levels in excess of those that actually materialize, if any, shall
revert
to the Gen- eral Fund, except that the Director of Finance may
approve an increase in expenditures that are not related to caseload
for the Department of Corrections through the redirection of funding
that is reasonably believed not to be needed for accommodating
projected parole population levels if the approval is made in writing
and filed with the Chairperson of the Joint Legislative Budget
Committee and the chairperson of each house of the Legislature that
considers appropriations not later than 30 days prior to the
effective
date of the approval, or prior to whatever lesser time the
chairperson
of the joint committee, or his or her designee, may in each instance
determine. All notifications shall include (a) the reason for the
proposed redirection of caseload funding to expenditures that are not
related to caseload, (b) the approved amount, and (c) the basis of
the
director's determination that the funding is not needed for
accommodating projected parole population levels.
3. Any funds recovered as a result of audits of locally operated
return-to-custody centers shall revert to the General Fund.
4. When contracting with counties for vacant jail beds for any inmate
under the jurisdiction of the Director of the Department of
Corrections, the department shall not reimburse counties more than
the
average amount it costs the state to provide the same services in
comparable state institutions. This restriction shall not apply to
any
existing contract, but shall apply to the extension or renewal of
that
contract. In addition, the total operational cost of incarcerating
state
inmates in leased county jail beds (which includes state costs, but
is
exclusive of one-time and capital outlay costs), shall not exceed the
department's average cost for operating comparable institutions.
5. Notwithstanding any other provision of law, but subject to
providing 30 days' prior notification to the Joint Legislative Budget
Committee, funds appropriated in Schedule (1) or (3), or both, of
this
item may be transferred to Item 5240-101-0001, Schedule (2), upon
order of the Director of Finance, to provide funds for the
reimbursement of counties for the cost of holding parole violators in
local jail.
6. Notwithstanding any other provision of law, upon approval of the
Department of Finance, the Department of Corrections may transfer,
between Schedules (1), (2), and (3) of this item, up to 5 percent of
the
amounts appropriated in these schedules. Any transfer of funds
appropriated in Schedules (1), (2), and (3) of this item exceeding 5
percent may occur not sooner than 30 days after notification thereof
to
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of the Legislature.
7. The Department of Corrections shall adjust the number of
contracted beds with the Department of Mental Health necessary to
house its offenders as part of its ongoing Coleman compliance effort.
This revision shall be based on actual and reasonably projected bed
usage, and be included in the Governor's Budget population-related
request and adjusted in the May Revision as necessary.
9. No later than February 17, 2005, the Director of Corrections shall
submit to the chairpersons and vice chairpersons of the Committee on
Budget in both the Assembly and Senate and to the Legislative
Analyst's Office, an operating budget for each of the correctional
facilities under the control of the Department of Corrections. For
every institution, the operating budget shall clearly identify the
number
of authorized and vacant positions, the estimated personal service
costs, the estimated overtime budget, the estimated benefits budget,
the
estimated operating expense and equipment budget, and a list of all
capital outlay projects occurring or projected to occur during the
2004-05 fiscal year.
10. No later than 60 days following enactment of this act, and
subsequently on February 10 and upon release of the May Revision,
the Director of Corrections shall submit to the Director of Finance
the
Post Assignment Schedule for each institution, reconciled to budgeted
authority and consistent with approved programs, along with
allotments consistent with the reconciled Post Assignment Schedule
for each institution.
11. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures in this item in excess of the
amount appropriated for purposes of compliance with the Remedial
Plan, adopted in response to the decision in Valdivia v. Davis
(E.D.Ca. 2002) 206 F.Supp.2d 1068, and for no other purpose. Any
authorization shall be based upon data that shall be provided by the
Department of Corrections, through the Youth and Adult Correctional
Agency, and in conjunction with the Board of Prison Terms, on a
monthly basis. This information shall include parole serves and
hearing related workload, including, at a minimum, the number and
average duration of parole serves performed, the number of parolees
directed into a sanction program prior to a Probable Cause Hearing,
and the average time from parole hold to serve, to Probable Cause
Hearing, and to Revocation Hearing. The Director of Finance shall
not approve any expenditure unless the approval is made in writing
and filed with the Chairperson of the Joint Legislative Budget
Committee and the chairperson of the committee in each house that
considers appropriations no less than 30 days prior to the effective
date of the approval, or prior to whatever lesser time the
chairperson
of the joint committee, or his or her designee, may determine.
12. Of the amount appropriated in this item, $650,000 is for
establishing performance measures for, and evaluating the
effectiveness of, various prison and parole programs. Prior to the
expenditure of these funds, the Department of Corrections shall
provide the Legislature with a plan specifying how the department
will use these funds. This plan shall include, but is not limited to,
a
list of the programs chosen for performance measures and evaluation,
a description of the evaluation methodologies that will be employed
for each program listed, the estimated costs to conduct each program
evaluation, and a schedule of when reports describing the evaluation
results will be completed. This appropriation is limited to two
years,
unless the Legislature specifically acts to further extend the
funding.
13. It is the intent of the Legislature that any funds allocated to
the
Department of Corrections for the purpose of staffing administrative
segregation units that remain unspent at the end of the fiscal year
revert to the General Fund. In addition, the Department of
Corrections
will provide to the Legislature no later than October 1, 2004, a
report
regarding departmental policies affecting the placement and removal
of inmates in administrative segregation units, as well as the
criteria
and procedures to be used by department headquarters in determining
how administrative segregation funding controlled at headquarters
will be distributed to individual prisons.
5240-001-0890--For support of the Department of Corrections, for
payment to Item 5240-001-0001, payable from the Federal Trust Fund
. . . 2,476,000
5240-001-0917--For support of the Department of Corrections, for
payment to Item 5240-001-0001, payable from the Inmate Welfare
Fund . . . 53,161,000
5240-003-0001--For support of the Department of Corrections for
rental payments on lease-revenue bonds . . . 266,806,000
Schedule:
(1) Base Rental and Fees . . . 268,613,000
(2) Insurance . . . 2,144,000
(3) Reimbursements . . . -3,951,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
5240-101-0001--For local assistance, Department of Corrections . . .
44,714,000
Schedule:
(1) 21-Institution Program . . . 12,576,000
(2) 31-Community Correctional Program . . . 32,138,000
Provisions:
1. The amount appropriated in this item is provided for the following
purposes:
(a) To pay the transportation costs of prisoners to and between state
prisons, including the return of parole violators to prison and for
the
conveying of persons under provisions of Division 3 (commencing
with Section 3000) of the Welfare and Institutions Code and the
Western Interstate Corrections Compact (Section 11190 of the Penal
Code), in accordance with Section 26749 of the Government Code.
Claims filed by local jurisdictions shall be filed within six months
after the end of the month in which those transportation costs are
incurred. Expenditures shall be charged to either the fiscal year in
which the claim is received by the Controller or the fiscal year in
which the warrant is issued by the Controller.
Claims filed by local jurisdictions directly with the Controller
may
be paid by the Controller.
(b) To pay the expenses of returning fugitives from justice from
outside the state, in accordance with Sections 1389, 1549, and 1557
of the Penal Code. Claims filed by local jurisdictions shall be filed
within six months after the end of the month in which expenses are
incurred. Expenditures shall be charged to either the fiscal year in
which the claim is received by the Controller or the fiscal year in
which the warrant is issued by the Controller, and any restitution
received by the state for those expenses shall be credited to the
appropriation of the year in which the Controller's receipt is
issued.
Claims filed by local jurisdictions directly with the Controller
may
be paid by the Controller.
(c) To pay county charges, payable under Sections 4700.1, 4750 to
4755, inclusive, and 6005 of the Penal Code. Claims shall be filed by
local jurisdictions within six months after the end of the month in
which a service is performed by the coroner, a hearing is held on the
return of a writ of habeas corpus, the district attorney declines to
prosecute a case referred by the Department of Corrections, a
judgment is rendered for a court hearing or trial, an appeal ruling
is
rendered for the trial judgment, or an activity is performed as
permitted by these sections. Expenditures shall be charged to either
the fiscal year in which the claim is received by the Controller or
the
fiscal year in which the warrant is issued by the Controller.
Claims filed by local jurisdictions directly with the Controller
may
be paid by the Controller.
(d) To reimburse counties for the cost of detaining state parolees
pursuant to Section 4016.5 of the Penal Code. Claims shall be filed
by
local jurisdictions within six months after the end of the month in
which the costs are incurred. Claims filed by local jurisdictions may
not include booking fees, may not recover detention costs in excess
of
$59 per day, and shall be limited to the detention costs for those
days
on which parolees are held subject only to a Department of
Corrections request pursuant to subdivision (b) of Section 4016.5 of
the Penal Code. Expenditures shall be charged to either the fiscal
year
in which the claim is received by the Department of Corrections or
the
fiscal year in which the warrant is issued.
2. Notwithstanding any other provision of law, upon 30-day prior
notification to the Chairperson of the Joint Legislative Budget
Committee, funds appropriated in Schedule (2) of this item may be
transferred to Schedule (1) or (3), or both, of Item 5240-001-0001,
upon order of the Director of Finance, to provide funds for the
reimbursement of counties for the cost of holding parole violators in
local jails or for the auditing or monitoring of local assistance
costs.
5240-295-0001--For local assistance, Department of Corrections, for
reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 1,000
Schedule:
(1) 98.01.082.091-Prisoner Parental Rights (Ch. 820, Stats. 1991) . .
.
1,000
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
5240-301-0001--For capital outlay, Department of Corrections,
payable from the General Fund . . . 18,840,000
Schedule:
(1) 61.01.001-Statewide: Budget Packages and Advance Planning . . .
1,000,000
(2) 61.01.030-Statewide: Evaluation of Mental Health
Facilities--Study . . . 1,750,000
(3) 61.06.029-Deuel Vocational Institution, Tracy: Groundwater
Treatment/Non-Potable Water Distribution System--Preliminary plans
. . . 570,000
(4) 61.08.036-California Institution for Men, Chino: Cell Security
Lighting/RC Central Facility, Phase II--Construction . . . 669,000
(5) 61.08.037-California Institution for Men-East, Chino: Electrified
Fence--Construction . . . 5,417,000
(6) 61.10.049-California Men's Colony, San Luis Obispo: Potable
Water Distribution System Upgrade--Preliminary plans . . . 1,317,000
(7) 61.14.030-Minor Projects . . . 5,000,000
(8) 61.22.004-Chuckawalla Valley State Prison, Blythe: Heating,
Ventilation, and Air Conditioning System--Working drawings . . .
1,234,000
(9) 61.33.003-High Desert State Prison/California Correctional
Center, Susanville: Arsenic Removal from Potable Water
Supply--Preliminary plans . . . 845,000
(10) 61.38.002-California Substance Abuse Treatment Facility and
State Prison at Corcoran, Corcoran: 19 Station Hemodialysis
Clinic--Working drawings and construction . . . 1,038,000
Provisions:
1. The funds appropriated in Schedule (1) are to be allocated by the
Department of Corrections, upon approval by the Department of
Finance to develop design and cost information for new projects for
which funds have not been previously appropriated, but for which
preliminary plan funds, working drawings funds, or working drawings
and construction funds are expected to be included in the 2005-06 or
2006-07 Governor's Budget, and for which cost estimates or
preliminary plans can be developed prior to legislative hearings on
the 2005-06 and 2006-07 Governor's Budgets, respectively. These
funds may be used for all of the following: budget package
development, environmental services, architectural programming,
engineering assessments, schematic design, and preliminary plans.
The amount appropriated in this item for these purposes is not to be
construed as a commitment by the Legislature as to the amount of
capital outlay funds it will appropriate in any future year. Before
using these funds for preliminary plans, the Department of
Corrections
shall provide a 20-day notification to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative members of the State Public
Works Board, discussing the scope, cost, and future implications of
the use of funds for preliminary plans.
2. As used in this appropriation, studies shall include site studies
and
suitability reports, environmental studies, master planning,
architectural programming and schematics.
5240-302-0001--For capital outlay, Department of Corrections . . .
5,400,000
Schedule:
(1) 61.01.900-Statewide Parole Revocation Capital Improvements . .
. 5,400,000
5240-490--Reappropriation, Department of Corrections. The balance
of the appropriations provided in the following citations is
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in the appropriations:
0001--General Fund
(1) Item 5240-301-0001, Budget Act of 2001 (Ch. 106, Stats. 2001),
as partially reappropriated by Item 5240-490, Budget Act of 2002
(Ch. 379, Stats. 2002) and Budget Act of 2003 (Ch. 157, Stats. 2003)
(26) 61.16.021-Sierra Conservation Center, Jamestown: Effluent
Disposal Pipeline--Construction
(2) Item 5240-301-0001, Budget Act of 2002 (Ch. 379, Stats. 2002),
as partially reappropriated by Item 5240-490, Budget Act of 2003
(Ch. 157, Stats. 2003)
(1.5) 61.12.426--California State Prison, San Quentin, San Quentin:
Correctional Treatment Center, Phase II--Preliminary plans
(6) 61.15.027-California Rehabilitation Center, Norco: Potable Water
System Improvements--Construction
0660--Public Buildings Construction Fund
(1) Item 5240-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003)
(1) 61.04.040-California Correctional Institution, Tehachapi:
Wastewater Treatment Plant--Construction
(2) 61.09.036-California Medical Facility, Vacaville: Mental Health
Crisis Beds--Preliminary plans, working drawings, and construction
0747--1988 Prison Construction Bond Fund
(1) Item 5240-302-0747, Budget Act of 2003 (Ch. 157, Stats. 2003)
(3) 61.08.037-California Institution for Men-East, Chino: Electrified
Fence--Preliminary plans and working drawings
0751--1990 Prison Construction Bond Fund
(1) Item 5240-301-0751, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 5240-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(1) 61.22.004-Chuckawalla Valley State Prison, Blythe: Heating,
Ventilation, and Air-conditioning System--Preliminary plans
5240-493--Reappropriation, Department of Corrections. The balances
of the appropriations provided in the following citations are
reappropriated for the purposes provided for in the appropriations,
and shall be available for encumbrance or expenditure as cited
below:
0001--General Fund
(1) Item 5240-001-0001 of the Budget Act of 2001 (Ch. 106, Stats.
2001), Provision 8, as reappropriated in Item 5240-493 of the Budget
Act of 2002 (Ch. 379, Stats. 2002) and Item 5240-493 of the Budget
Act of 2003 (Ch. 157, Stats. 2003). The balance of the $7,903,000
appropriated in Schedule (2) of this item is reappropriated only for
the purpose of installing and implementing the Madrid Patient
Information Management System at Pelican Bay State Prison and shall
be available for expenditure until June 30, 2005. Any of the funds
not
used for these purposes shall revert to the General Fund.
(2) Item 5240-001-0001 of the Budget Act of 2003 (Ch. 157, Stats.
2003). $799,000 is reappropriated only for the purpose of the
development of the Statewide Offender Management System and shall
be available for expenditure until June 30, 2005. Any of the funds
not
used for this purpose shall revert to the General Fund.
(3) Item 5240-001-0001 of the Budget Act of 2003 (Ch. 157, Stats.
2003). $450,000 is reappropriated only for the purpose of the
development of statewide staffing standards for posted positions and
shall be available for expenditure until June 30, 2005. Any of the
funds not used for this purpose shall revert to the General Fund.
(4) The balance of the allocation from Item 9909-017-0001 of the
Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item
5240-493 of the Budget Act of 2003 (Ch. 157, Stats. 2003) is
reappropriated only for the purpose of implementing the Health
Insurance Portability and Accountability Act and shall be available
for expenditure until June 30, 2005. Any of the funds not used for
this
purpose shall revert to the General Fund.
(5) Item 5240-001-0917 of the Budget Act of 2003 (Ch. 157, Stats.
2003). $2,300,000 is reappropriated only for the purpose of the
development and implementation of the Inmate Canteen, Restitution,
and Banking System and shall be available for expenditure until June
30, 2005. Any of the funds not used for this purpose shall revert to
the
General Fund.
5430-001-0001--For support of the Board of Corrections . . .
1,407,000
Schedule:
(1) 11-Corrections Planning and Programs . . . 627,000
(2) 14-Facilities Standards and Operations . . . 1,304,000
(3) 21-Standards and Training for Corrections . . . 2,616,000
(3.1) 31.01-Administration . . . 352,000
(3.2) 31.02-Distributed Administration . . . -352,000
(4) Reimbursements . . . -478,000
(5) Amount payable from the Corrections Training Fund (Item
5430-001-0170) . . . -2,361,000
(6) Amount payable from Federal Trust Fund (Item 5430-001-0890) .
. . -301,000
5430-001-0170--For support of the Board of Corrections, for payment
to Item 5430-001-0001, payable from Corrections Training Fund . . .
2,361,000
5430-001-0890--For support of the Board of Corrections, for payment
to Item 5430-001-0001, payable from Federal Trust Fund . . . 301,000
5430-002-0170--For transfer by the Controller, upon order of the
Director of Finance, from the Corrections Training Fund, to the
General Fund . . . (10,257,000)
5430-004-0001--For support of Board of Corrections . . . 507,000
Schedule:
(1) 50-Juvenile Justice Grants Program . . . 1,177,000
(2) Reimbursements . . . -10,000
(3) Amount payable from the Federal Trust Fund (Item
5430-004-0890) . . . -660,000
5430-004-0890--For support of Board of Corrections, for payment to
Item 5430-004-0001, payable from the Federal Trust Fund . . .
660,000
5430-101-0001--For local assistance, Board of Corrections . . .
134,275,000
Provisions:
1. Of the funds appropriated in this item, $134,275,000 shall be
available for county probation services. These funds, combined with
$67,138,000 in Temporary Assistance for Needy Families (TANF)
funds appropriated in Item 5180-101-0890, shall be allocated in
accordance with Sections 18220, 18221, 18222, 18223, 18224, and
18225 of the Welfare and
Institutions Code, as these sections existed
on the date of enactment of this act. County expenditure of these
funds
shall be consistent with the uses of funds specified in these
sections of
the Welfare and Institutions Code. The Board of Corrections shall
seek to identify other funding sources, including federal funds, to
support these county probation services.
5430-104-0890--For local assistance, Board of Corrections, payable
from the Federal Trust Fund . . . 34,950,000
Schedule:
(1) 50.30.701-Juvenile Justice and Delinquency Prevention . . .
7,065,000
(2) 50.30.703-Community Delinquency Prevention Program . . .
5,002,000
(3) 50.30.705-Juvenile Accountability Incentive . . . 21,769,000
(4) 50.30.706-Juvenile Justice--Project Challenge . . . 1,114,000
Provisions:
1. Notwithstanding any other provision of law, the Board of
Corrections may provide advance payment of up to 25 percent of grant
funds awarded to community-based, nonprofit organizations, cities,
school districts, counties, and other units of local government that
have demonstrated cashflow problems according to the criteria set
forth by the Board of Corrections.
5430-295-0001--For local assistance, Board of Corrections, for
reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased
level of service of an existing program mandated by statute or
executive order, for disbursement by the State Controller . . . 1,000
Schedule:
(1) 98.01.018.392-Mandates: Domestic Violence Treatment Services
(Ch. 183, Stats. 1992) . . . 1,000
(2) 98.01.033.281-Mandates: Victims' Statements--Minors (Ch. 332,
Stats. 1981) . . . 0
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(2) Victims' Statements--Minors (Ch. 332, Stats. 1981)
5430-490--Reappropriation--Board of Corrections. The balance of
the appropriation provided in the following citation is
reappropriated
for the purposes provided for in that appropriation and shall be
available for encumbrance and expenditure until December 31, 2005:
0890--Federal Funds
(1) Item 5430-107-0890, Budget Act of 1999 (Ch. 50, Stats. 1999)
5440-001-0001--For support of the Board of Prison Terms . . .
60,020,000
Schedule:
(1) 10-Board of Prison Terms . . . 60,101,000
(2) Reimbursements . . . -81,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures in this item in excess of the
amount appropriated for purposes of compliance with the Remedial
Plan adopted in response to the decision in Valdivia v. Davis
(E.D.Ca. 2002) 206 F.Supp.2d 1068, and for no other purpose. Any
authorization must be based upon data that shall be provided by the
Board of Prison Terms, through the Youth and Adult Correctional
Agency, and in conjunction with the Department of Corrections. This
information shall include applicable attorneys' fees and hearing
related workload, including, at a minimum, the number of hearings and
associated time necessary to perform the hearings on a monthly basis.
The Director of Finance may not approve any expenditure unless the
approval is made in writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of the
committee in each house that considers appropriations no later than
30
days prior to the effective date of approval, or prior to whatever
lesser time the chairperson of the joint committee, or his or her
designee, may determine.
5460-001-0001--For support of the Department of the Youth Authority
. . . 286,699,000
Schedule:
(1) 20-Institutions and Camps . . . 295,258,000
(1.5) 21-Bargaining Unit 6 Provision 8.05 Section H . . . 2,510,000
(2) 30-Parole Services . . . 37,204,000
(3) 40-Education Services . . . 9,427,000
(4) 45-Youth Authority Board . . . 3,051,000
(5) 50.01-Administration . . . 30,077,000
(6) 50.02-Distributed Administration . . . -29,429,000
(7) Reimbursements . . . -59,499,000
(8) Amount payable from the California State Lottery Education
Fund--California Youth Authority (Item 5460-001-0831) . . . -405,000
(9) Amount payable from the Federal Trust Fund (Item
5460-0010890) . . . -1,495,000
Provisions:
1. Of the funds appropriated in Schedule (1), $31,000 is provided for
payment of energy service contracts in connection with the issuance
of
Public Works Board Energy Efficiency Revenue Bonds (State Pool
Program), Series 1986A.
2. Notwithstanding any other provision of law, the Director of
Finance may authorize a loan from the General Fund to the Department
of the Youth Authority for the purpose of meeting operational
cashflow obligations for the 2004-05 fiscal year. The loan shall not
exceed the estimated amount of uncollected reimbursements pursuant
to Chapter
6 of the Statutes of 1996, for the final quarter of any fiscal year
in
which the loan is to be provided.
3. The funds contained in Schedule (1.5) of this item are to provide
post coverage for employees when they attend the Off-Post Training
Sessions, as specified in Provision 8.05, Section H of the
Memorandum of Understanding with the California Correctional
Peace Officers' Association.
5460-001-0831--For support of the Department of the Youth
Authority, for payment to Item 5460-001-0001, payable from the
California State Lottery Education Fund--California Youth Authority .
. . 405,000
Provisions:
1. All funds received pursuant to Proposition 37 that are allocable
to
the Department of the Youth Authority pursuant to Section 8880.5 of
the Government Code and that are in excess of the amount
appropriated in this item, are hereby appropriated in augmentation of
this item. Such additional funds may be expended only upon written
approval of the Department of Finance.
5460-001-0890--For support of the Department of the Youth
Authority, for payment to Item 5460-001-0001, payable from the
Federal Trust Fund . . . 1,495,000
5460-003-0001--For support of the Department of the Youth
Authority, for rental payments on lease-revenue bonds . . . 1,315,000
Schedule:
(1) Base Rental and Fees . . . 1,466,000
(2) Insurance . . . 15,000
(3) Reimbursement . . . -166,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
5460-011-0001--For support of the Department of the Youth Authority
(Proposition 98) . . . 35,695,000
Schedule:
(1) 40-Education Services . . . 35,695,000
5460-101-0001--For local assistance, Department of the Youth
Authority . . . 2,331,000
Schedule:
(1) 20-Institutions and Camps . . . 78,000
(2) 30-Parole Services . . . 2,253,000
Provisions:
1. Of the amount appropriated in this item, $1,481,000 is provided
for
the following purposes:
(a) To pay the transportation costs of persons committed to the
Department of the Youth Authority to or between its facilities,
including the return of parole violators, provided that expenditures
made under this item shall be charged to either the fiscal year in
which the claim is received by the Controller or the fiscal year in
which the warrant is issued by the Controller. However, claims shall
be filed by local jurisdictions within six months after the end of
the
month in which the costs are incurred.
(b) To reimburse counties, pursuant to Section 1776 of the Welfare
and Institutions Code, for the cost of the detention of Youth
Authority
parolees who are detained on alleged parole violations, provided
that expenditures made under this item shall be charged to either the
fiscal year in which the claim is received by the Controller or the
fiscal year in which the warrant is issued by the Controller.
However,
claims shall be filed by local jurisdictions within six months after
the
end of the month in which the costs are incurred.
5460-295-0001--For local assistance, Department of the Youth
Authority, for reimbursements, in accordance with the provisions of
Section 6 of Article XIII
B of the California Constitution or Section 17561 of the Government
Code, of the costs of any new program or increased level of service
of an existing program mandated by statute or executive order, for
disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.026.798-Extended Com mitment--Youth Authority (Ch. 267,
Stats. 1998) . . . 0
Provisions:
1. Pursuant to Section 17581 of the Government Code, the mandate
identified in the appropriation scheduled by this item with an
appropriation of $0 and included in the language of this provision is
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Extended Commitment-Youth Authority (Ch. 267, Stats. 1998)
5460-301-0001--For capital outlay, Department of the Youth
Authority . . . 2,750,000
Schedule:
(1) 60.01.035-Statewide: Pre-Schematic/Master Planning Budget
Packages and Advance Planning . . . 250,000
(2) 60.90.010-Minor Projects . . . 2,500,000
Provisions:
1. The funds appropriated in Schedule (1) shall be allocated by the
Department of the Youth Authority to develop design and cost
information for new projects for which funds have not been
previously appropriated, but for which preliminary plans funds,
working drawings funds, or working drawing or construction funds
are expected to be included in the Governor's Budget for the 2005-06
or 2006-07 fiscal year, and for which cost estimates and/or
preliminary plans can be developed prior to legislative hearings on
the Governor's Budget for the 2005-06 or 2006-07 fiscal year. These
funds may be used for the following: budget package development,
architectural programming, engineering assessments, schematic
design, and preliminary plans. The amount appropriated in this item
for these purposes shall not be construed as a commitment by the
Legislature as to the amount of capital outlay funds it will
appropriate
in any future year. Before using these funds for preliminary plans,
the
department shall provide 20 days' notice to the Chairperson of the
Joint Legislative Budget Committee, the chairpersons of the fiscal
committees for each house of the Legislature, and the legislative
member of the State Public Works Board, discussing the scope, cost,
and future implications of the use of funds for preliminary plans.
2. As used in this appropriation, studies shall include site studies
and
suitability reports, environmental studies, master planning,
architectural programming and schematics.
5460-301-0747--For capital outlay, Department of the Youth
Authority, payable from the 1988 Prison Construction Bond Fund . . .
1,500,000
Schedule:
(1) 60.56.145.204-Southern Youth Correctional Reception Center and
Clinic, Norwalk and Heman G. Stark Youth Correctional Facility,
Chino: Housing Unit and Education Modifications--Construction . . .
1,500,000
Provisions:
1. Notwithstanding Section 10108 of the Public Contract Code or
Section 1760.6 of the Welfare and Institutions Code, or any other
provision of law, the Department of the Youth Authority may utilize
in-house staff to complete working drawings and ward labor to
construct the projects for which funds are appropriated in this item.
5460-301-0751--For capital outlay, Department of the Youth
Authority, payable from the 1990 Prison Construction Bond . . .
500,000
Schedule:
(1) 60.56.145-Southern Youth Correc- tional Reception Center and
Clin- ic, Norwalk, and Heman G. Stark Youth Correctional Facility,
Chino: Housing Unit and Education Renovations--Preliminary Plans,
Working Drawings, and Construction . . . 500,000
Provisions:
1. Notwithstanding Section 10108 of the Public Contract Code or
Section 1760.6 of the Welfare and Institutions Code, or any other
provision of law, the Department of the Youth Authority may utilize
in-house staff to complete working drawings and ward labor to
construct the projects for which funds are appropriated in this item.
5460-485--Reappropriation (Proposition 98), Department of the
Youth Authority. The sum of $440,000 is reappropriated from the
Proposition 98 Reversion Account for the following purpose:
0001--General Fund
(1) $440,000 to the Department of the Youth Authority for the purpose
of funding a 2003-04 deficit due to an unexpected increase in student
caseload.
5480-001-0001--For support of Commission on Correctional Peace
Officers' Standards and Training, Program 10 . . . 1,077,000
EDUCATION
6110-001-0001--For support of Department of Education . . .
36,443,000
Schedule:
(1) 10-Instruction . . . 53,393,000
(2) 20-Instructional Support . . . 83,520,000
(3) 30-Special Programs . . . 47,830,000
(4) 41-Executive Management and Special Services . . . 8,341,000
(5) 41.01-State Board of Education . . . 1,456,000
(6) 42.01-Department Management and Special Services . . .
29,941,000
(7) 42.02-Distributed Department Management and Special Services .
. . -29,941,000
(8) Reimbursements . . . -19,889,000
(9) Amount payable from Federal Trust Fund (Item 6110-001-0890) .
. . -138,208,000
Provisions:
1. An amount equal to or greater than the amount appropriated in
Schedule (5) shall be available for support of the State Board of
Education (SBE) and shall be directed to meet the policy priorities
of
its members. Of the amount appropriated in this schedule, $130,000 is
allocated for statutory oversight of charter schools approved by the
SBE. In addition, the State Department of Education is authorized to
receive and expend statutory reimbursements of an amount estimated
to be $130,000 for purposes of overseeing SBE-approved charter
schools.
2. Notwithstanding Section 33190 of the Education Code, or any other
provision of law, the State Department of Education shall expend no
funds to prepare (a) a statewide summary of student performance on
school district proficiency assessments or (b) a compilation of
information on private schools with five or fewer pupils.
3. Notwithstanding any other provision of law, of the funds
appropriated in this item, $699,000 shall be used to provide
technical
assistance and administrative support to remaining Healthy Start
grantees. The State Department of Education may use these funds to
provide grant funding to the Healthy Start Field Office and regional
network leads to provide technical assistance and administrative
support to Healthy Start grantees.
4. Funds appropriated in this item may be expended or encumbered to
make one or more payments under a personal services contract of a
visiting educator pursuant to Section 19050.8 of the Govern ment
Code, a long-term special consultant services contract, or an
employment contract between an entity that is not a state agency and
a
person who is under the direct or daily supervision of a state
agency,
only if all of the following conditions are met:
(a) The person providing service under the contract provides full
financial disclosure to the Fair Political Practices Commission in
accordance with the rules and regulations of the commission.
(b) The service provided under the contract does not result in the
displacement of any represented civil service employee.
(c) The rate of compensation for salary and health benefits for the
person providing service under the contract does not exceed by more
than 10 percent the current rate of compensation for salary and
health
benefits determined by the Department of Personnel Administration
for civil service personnel in a comparable position. The payment of
any other compensation or any reimbursement for travel or per diem
expenses shall be in accordance with the State Administrative Manual
and the rules and regulations of the State Board of Control.
5. The funds appropriated in this item may not be expended for any
REACH program.
6. The funds appropriated in this item may not be expended for the
development or dissemination of program advisories, including, but
not limited to, program advisories on the subject areas of reading,
writing, and mathematics, unless explicitly authorized by the State
Board of Education.
7. Of the funds appropriated in this item, $206,000 shall be
available
as matching funds for the State Department of Rehabilitation to
provide coordinated services to disabled pupils. Expenditure of the
funds shall be identified in the memorandum of understanding or other
written agreement with the Department of Rehabilitation to ensure an
appropriate match to federal vocational rehabilitation funds.
8. (a) Of the funds appropriated in this item, no less than
$3,778,000
is available for support of Child Care Services, including State
Preschool and After School Programs pursuant to Chapters 318, 319,
and 320 of the Statutes of 1998 (Program 30.10).
9. Of the amount appropriated in this item, $1,627,000 is provided
for
the sole purpose of funding 13.5 positions and associated operating
expenses and equipment costs related to implementation of the Public
Schools Accountability Act, as established by Chapter 6.1
(commencing with Section 52050) of Part 28 of the Education Code.
10. Of the funds appropriated in this item, $360,000 is for the
purpose
of providing the STAR and HSEE programs each with two staff
possessing psychometric and test development expertise.
Encumbrance of these funds is contingent upon the redirection and
reclassification of existing vacant and unfunded positions from
elsewhere within the State Department of Education.
11. Of the funds appropriated in this item, $400,000 is for the
purpose
of funding two existing positions for the STAR Program and two
existing positions for various other testing programs, including the
HSEE, and English Language Development Test. These positions
previously were funded through Goals 2000.
12. Of the funds appropriated in this item, $150,000 is provided
solely for the purpose of funding existing positions from within the
State Department of Education, to provide the Curriculum
Commission with subject matter specialists.
13. Of the funds appropriated in this item, $200,000 is to contract
for
a review of proposals submitted by school districts that wish to
participate in the Mathematics and Reading Professional Development
program. The selection of this contractor shall be subject to the
approval of the State Board of Education.
14. Of the funds appropriated in this item, $858,000 shall be
available
for costs associated with the administration of the High Priority
Schools Grant Program pursuant to Chapter 6.1 (commencing with
Section 52055.600) of Part 28 of the Education Code and the
Immediate Intervention/Underperforming Schools Program pursuant to
Chapter 6.1 (commencing with Section 52053) of Part 28 of the
Education Code.
15. (a) Notwithstanding any other provision of law, any unexpended
funds appropriated in any prior Budget Act for the purposes of
rewriting the Principal Apportionments System shall remain available
for expenditure for the same purposes for which they were
appropriated. For expenditures pursuant to this provision, the State
Department of Education shall submit an expenditure plan to the
Department of Finance and the Joint Legislative Budget Committee.
The Department of Finance shall review the plan and either approve
or disapprove the plan within 21 days of submission. If the
Department of Finance fails to either approve or disapprove the plan
within 21 days the plan shall be deemed to be approved. If the
Department of Finance disapproves the plan it shall (1) submit a
letter
to the Joint Legislative Budget Committee that explains the rationale
for disapproval and (2) convene a working group consisting of
representatives of the Department of Finance, the State Department of
Education, and staff of the appropriate policy and fiscal committees
of
the Legislature. The working group shall jointly develop a revised
expenditure plan and submit that plan to the Director of Finance for
approval.
(b) By October 31, 2004, the State Department of Education shall
provide to the Department of Finance a file of all charter school ADA
and state and local revenue associated with charter school general
purpose entitlements as part of the P2 Revenue Limit File. By March
1, 2005, the Department of Education shall provide to the Department
of Finance a file of all charter school ADA and state and local
revenue associated with charter school general purpose entitlements
as part of the P1 Revenue Limit File. It is the expectation that such
reports will be provided annually.
16. On or before April 15, 2005, the State Department of Education
(SDE) shall provide to the Department of Finance an electronic file
that includes complete district- and county-level state
appropriations
limit information reported to SDE. SDE shall make every effort to
ensure that all districts have submitted the necessary information
requested on the relevant reporting forms.
17. Of the funds appropriated in this item, $3,025,000 shall be
available for State Department of Education rental costs for the East
End Complex and other leased space. In addition to the funds
appropriated in this item, $37,000 shall be available for the Special
Deposit Fund for State Department of Education rental costs
associated with the East End Complex and other leased space. In
addition to the funds appropriated in this item for rental costs of
the
State Department of Education, additional amounts will be allocated
through Section 4.60 of this act.
18. The SDE shall make information available to the Department of
Finance, the Legislative Analyst's Office, and the budget committees
of each house of the Legislature by October 31, 2004; March 31,
2005; and May 31, 2005, regarding the amount of Proposition 98
savings estimated to be available for reversion by June 30, 2005.
19. Of the funds appropriated in this item, $2,000,000 shall be
available to SDE for nutrition education and physical activity
promotion pursuant to an interagency agreement with the Department
of Health Services.
20. Of the funds appropriated in this item, $250,000 is provided, on
a
one-time basis, for the Model Curriculum for Human Rights and
Genocide approved by the State Board of Education and for other
appropriate genocide-related curriculum and instructional materials
as identified by the State Department of Education, to be printed and
distributed to K-12 schools, districts, and county offices of
education.
If applicable, the Department of Education shall ensure that the
model
curriculum reflects an update of any currently confirmed research
regarding the topics covered in the model curriculum.
21. The report required by Section 60800 of the Education Code is
not required to be printed and mailed, but shall be compiled and
reported electronically.
6110-001-0140--For support of the Department of Education,
Program 20.10.055-Environmental Education, payable from the
California Environmental License Plate Fund . . . 41,000
6110-001-0178--For support of the Department of Education,
Program 20.30.003-Instructional Support, for the purpose of
conducting schoolbus driver instructor training as provided in
Section
40070 of the Edu-cation Code, payable from the Driver Training
Penalty Assessment Fund . . . 1,055,000
Provisions:
1. Of the funds appropriated in this item, $47,300 shall be available
for SDE rental costs associated with the East End Complex and other
leased space. In addition to the funds appropriated in this item for
rental costs of the State Department of Education, additional amounts
will be allocated through Section 4.60 of this act.
6110-001-0231--For support of Department of Education, Program
20.10.045-Instructional Support, Curriculum Services-Health and
Physical Education-Drug Free Schools, payable from the Health
Education Account, Cigarette and Tobacco Products Surtax Fund . . .
916,000
Provisions:
1. Of the funds appropriated in this item, $50,500 shall be available
for SDE rental costs associated with the East End Complex and other
leased space. In addition to the funds appropriated in this item for
rental costs of the State Department of Education, additional amounts
will be allocated through Section 4.60 of this act.
6110-001-0687--For support of Department of Education, for the
California State Agency for Donated Food Distribution, Program
30.50-Donated Food Distribution, payable from the Donated Food
Revolving Fund . . . 5,698,000
Provisions:
1. Of the funds appropriated in this item, $329,600 shall be
available
for SDE rental costs associated with the East End Complex and other
leased space. In addition to the funds appropriated in this item for
rental costs of the State Department of Education, additional amounts
will be allocated through Section 4.60 of this act.
6110-001-0890--For support of Department of Education, for payment
to Item 6110-001-0001, payable from the Federal Trust Fund . . .
138,208,000
Provisions:
1. The funds appropriated in this item include Federal Vocational
Education Act funds for the 2004-05 fiscal year to be transferred to
community colleges by means of interagency agreements. These funds
shall be used by community colleges for the administration of
vocational education programs.
2. Of the funds appropriated in this item, $96,000 is available to
the
Advisory Commission on Special Education for the in-state travel
expenses of the commissioners and the secretary to the commission.
3. Of the funds appropriated in this item, $401,000 is available for
programs for homeless youth and adults pursuant to the federal
McKinney-Vento Homeless Assistance Act. The department shall
consult with the State Departments of Economic Opportunity, Mental
Health, Housing and Community Development, and Economic
Development in operating this program.
4. Of the funds appropriated in this item, up to $364,000 shall be
used
to provide in-service training for special and regular educators and
related persons, including, but not limited to, parents,
administrators,
and organizations serving severely disabled children. These funds are
also to provide up to four positions for this purpose.
5. Of the funds appropriated in this item, $318,000 shall be used to
provide training in culturally nonbiased assessment and specialized
language skills to special education teachers.
6. Of the amount appropriated in this item, $1,265,000 shall be used
for the administration of the federal charter schools program. These
activities include monitoring of grant recipients, and increased
review
and technical assistance support for federal charter school grant
applicants and recipients. For the 2004-05 fiscal year, one Education
Program Consultant position shall support fiscal issues pertaining to
charter schools, including implementation of the funding model
pursuant to Chapter 34 of the Statutes of 1998.
7. (a) Of the funds appropriated in this item, $12,998,000 is from
the
Child Care and Development Block Grant Fund and is available for
support of Child Care Services.
(c) Of the amount appropriated in this item, $530,000 is for 5.5
positions within the Department of Education to address compliance
monitoring and overpayments, which may contribute to early
detection of fraud. The department shall provide information to the
Legislature and Department of Finance each year that quantifies
provider-by-provider level data, including instances and amounts of
overpayments and fraud, as documented by the department's
compliance monitoring efforts for the prior fiscal year.
(d) As a condition of receiving the resources specified in
subparagraph (c) of this provision, it is expected that every
alternative
payment agency, subject to the audit threshold for the federal single
audit as required by P.L. 104-156, as amended, will be audited each
year using sufficient sampling of provider records of the following:
(i) family fee determinations, (ii) income eligibility, (iii) rate
limits,
and (iv) basis for hours of care, to determine compliance rates, any
instances of misallocation of resources, and the amount of funds
expected to be recovered from instances of both potential fraud and
overpayment when no intent to defraud is suspected. This information
will be contained in a separate report for each provider, with a
single
statewide summary report annually submitted to the Governor and
Legislature at a date to be mutually established between the
department and the Governor, but not later than April 15, 2005.
(e) Of the amount appropriated in this item, not more than $1,000,000
may be used by the State Department of Education to pay the travel,
per
diem, and other expenses of county special investigators and
district
attorneys necessary to consult with the department in the development
and implementation of the error rate study required by Article 16.5
(commencing with Section 8385) of Chapter 2 of Part 6 of the
Education Code. If the department believes it necessary to use these
funds for other services or costs, the department shall first specify
those reasons and secure the approval of both the Department of
Finance and the Joint Legislative Budget Committee.
8. Of the funds appropriated in this item, $2,159,000 shall be used
for
administration of the Enhancing Education Through Technology Grant
Program. Of this amount:
(a) $580,000 is available only for contracted technical support and
evaluation services.
9. Of the funds appropriated in this item, $10,140,000 is for dispute
resolution services, including mediation and fair hearing services,
provided through contract for the Special Education Program.
10. Of the amount provided in this item, $881,000 is provided for
staff for the Special Education Focused Monitoring Pilot Program to
be established by the State Department of Education for the purpose
of
monitoring local educational agency compliance with state and
federal laws and regulations governing special education.
11. Of the funds appropriated in this item, $125,000 shall be
allocated
for increased travel costs associated with program reviews conducted
by the Special Education Division Focused Monitoring and Technical
Assistance Units. Expenditure of these funds is subject to Department
of Finance approval of an expenditure plan. The expenditure plan
shall include the proposed travel costs associated with focused
monitoring and technical assistance provided by the State Department
of Education. It shall also include the estimated type and number of
reviews to be conducted, and shall provide an estimated average cost
per type of review. Annual renewal of this funding is subject to
Department of Finance approval of an annual focused monitoring final
expenditure report. The report shall be submitted on or before
September 30, 2004. It shall provide the total number of reviews
conducted each fiscal year, the amount of staff and personnel days
and
hours associated with each category of review, the travel costs
associated with the type and number of reviews conducted, and an
average cost per type of review.
12. Of the funds appropriated in this item, $120,000 shall be used
solely for the administration of the federal advance placement
examination fee payment grant program for low-income pupils.
13. Of the funds appropriated in this item, $350,000 shall be
available
for the preparation, analysis, and production of the annual federal
accountability reports, as required by the Carl D. Perkins Vocational
Technical Education Act.
14. Of the funds appropriated in this item, $303,000 shall be
allocated
by the Department of Education to the California State University,
San
Bernardino, Center for the Study of Correctional Education, for
special education monitoring of and technical assistance for the
California Youth Authority pursuant to Chapter 536, Statutes of 2001.
15. Of the funds appropriated in this item, $798,000 shall be
available
for costs associated with the administration of the High Priority
Schools Grant Program pursuant to Article 3.5 (commencing with
Section 52055.600) of Chapter 6.1 of Part 28 of the Education Code
and the Immediate Intervention/Underperforming Schools Program
pursuant to Article 3 (commencing with Section 52053) of Chapter
6.1 of Part 28 of the Education Code.
16. Of the funds appropriated in this item, $419,000 shall be
available
pursuant to Chapter 1020, Statutes of 2002 for the development and
implementation of corrective action plans and sanctions pursuant to
federal law.
17. Of the funds appropriated in this item, $1,414,000 is for
administration of the Reading First Program. Of this amount, $873,000
is to redirect 6.0 staff to assist in program administration, and
$500,000 is for the department to contract for annual evaluations of
program effectiveness.
18. Of the amount appropriated in this item, $500,000 is provided for
a biennial evaluation of the Public Schools Accountability Act, as
established by Chapter 6.1 (commencing with Section 52050) of Part
28 of the Education Code.
19. Of the appropriated funds in this item, $668,000 is for the
department to continue developing a comprehensive strategy to
address data reporting requirements associated with the No Child Left
Behind Act (P.L. 107-110), and to establish 5.0 positions to assist
with this task.
20. Of the funds appropriated in this item, $600,000 is provided for
the second year of a three-year evaluation of the High Priority
Schools Grant Program pursuant to Chapter 42, Statutes of 2002.
21. Of the funds appropriated in this item $4,550,800 shall be
available for State Department of Education rental costs for the East
End Complex and other leased space. In addition to the funds
appropriated in this item for rental costs of the State Department of
Education, additional amounts will be allocated through Section 4.60
of this act.
22. Of the funds appropriated in this item, $688,000 is to support
state
operations related to the development of a longitudinal database for
the requirements of the No Child Left Behind Act (P.L. 107-110). Of
this funding, $154,000 is for the development of a Request for
Proposals and is contingent upon Department of Finance approval
following approval of a Feasibility Study Report.
23. Of the funds appropriated in this item, $170,000 is provided, on
a
one-time basis, to support a contract with a community college to
establish a distance learning Interpreter Training Program for rural
areas.
24. Of the funds appropriated in this item, $180,000 is provided, on
a
one-time basis, to contract with an outside entity to evaluate the 12
Family Empowerment Centers on Disability pursuant to Chapter 690
of the Statutes of 2001.
27. The State Department of Education shall report by October 1,
2004, to the Legislative Analyst's Office, the Department of Finance,
and the fiscal committees of the Legislature the following: (a)
the department's planned use of the additional $1,942,000 in state
operations for an additional 10 positions within the department,
training of local agency staff, streamlining the local review process
and adopting new forms, and temporary staff to conduct required local
agency reviews; and (b)
a comparison of the department's actual performance and federal
performance criteria on all major program functions that are subject
to
federal compliance reviews. The report shall identify any state and
federal program performance deficiencies and include the
department's plan for correcting them. The department shall fill the
10
authorized compliance positions within 90 days of enactment of this
act, or the positions are no longer authorized.
28. Of the amount appropriated in this item, $1,480,000 in carryover
special education funds are available for the state's share of costs
in
the settlement of Emma C. v. Delaine Eastin et
al. (N.D.Cal., No. C96-4179TEH). The State Department of
Education shall report by January 1, 2005, to the fiscal committees
of
the Legislature, the Department of Finance, and the Legislative
Analyst's Office on the planned use of the additional special
education
funds provided to Ravenswood Elementary School District pursuant
to this settlement. The report shall also provide the department's
best
estimate of when this supplemental funding will no longer be required
by the court. The department shall comply with the requirements of
Section 948 of the Government Code in any future requests for funds
to satisfy this settlement.
29. Of the amount appropriated in this item, $400,000 is available to
fund 3.0 positions (2.75 PYs) and associated costs for administering
the English Language Development materials program specified in
Provision 2 of Item 6110-189-0001. The positions are available on a
two-year limited-term basis.
30. Of the amount appropriated in this item, $267,000 shall be used
to
develop an Internet-based electronic clearinghouse system to improve
the availability of parental information documents that are
translated
into languages other than English. The purpose of this system is to
improve the availability of these documents at the local level and
reduce the local costs of providing these documents by eliminating
duplication of effort in translating standard documents. The system
shall include an interactive Web portal located on the State
Department of Education's Web site, which shall allow local
education agencies to submit, locate, and access locally translated
parental documents and may include documents that the department is
responsible for translating. The funding shall also be used to fund
one
position to manage the development and maintenance of the Internet
clearinghouse site. The addition of an electronic clearinghouse for
locally translated documents to the department's Web site shall not
constitute a new information technology project or increase in
funding
for an information technology project for purposes of project
reporting and oversight.
6110-001-0975--For support of Department of Education, Program
20.40.040-Library and Learning Resources, payable from the
California Public School Library Protection Fund . . . 16,000
Provisions:
1. Subject to the conditions of Article 6 (commencing with Section
18175) of Chapter 2 of Part 6 of the Education Code, and based on
increases in the funds deposited in the California Public School
Library Protection Fund, the appropriation made in this item may be
increased subject to the approval of the Department of Finance.
6110-001-6036--For support of Department of Education, Program
20.30-Administrative Services to local educational agencies, payable
from the 2002 State School Facilities Fund . . . 2,290,000
Provisions:
1. Funds appropriated by this item are for support of the activities
of
the School Facilities Planning Division and are to be used
exclusively
for activities related to local school construction, modernization,
and
schoolsite acquisition.
2. Of the funds appropriated in this item, $119,000 shall be
available
for SDE rental costs for the East End Complex and other leased
space. In addition to the funds appropriated in this item for rental
costs of the State Department of Education, additional amounts will
be
allocated through Section 4.60 of this act.
6110-002-0001--For support of the California Department of
Education, for rental payments on lease-revenue bonds . . . 91,000
(1) Base Rental and Fees . . . 90,000
(2) Insurance . . . 1,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
6110-003-0001--For support of Department of Education, Program
20.30.020-Instructional Support, Standardized Account Code
Structure . . . 1,021,000
Provisions:
1. The funds appropriated in this item shall be used only for the
direct
costs to administer the Standardized Account Code Structure program,
pursuant to Section 42103.3 of the Education Code, to assist any
school district or county office of education in financial distress
or
bankruptcy, to make available standard fiscal, demographic, and
performance data to policy decisionmakers, and for indirect costs for
those programs at the rate approved by the United States Department
of Education.
6110-005-0001--For support of Department of Education, as
allocated by the Department of Education to the State Special
Schools, Program 10.60.040 . . . 32,870,000
Schedule:
(1) 10.60.040-Instruction . . . 33,457,000
(a) 10.60.040.001-School for the Blind, Fremont . . . 4,775,000
(b) 10.60.040.002-School for the Deaf, Fremont . . . 15,500,000
(c) 10.60.040.003-School for the Deaf, Riverside . . . 13,182,000
(2) Reimbursements . . . -587,000
Provisions:
1. The State Special Schools for the Deaf in Fremont and Riverside
and the State Special School for the Blind in Fremont shall provide a
four-week extended session.
6110-006-0001--For support of Department of Education
(Proposition 98), as allocated by the Department of Education to the
State Special Schools . . . 40,302,000
Schedule:
(1) 10.60.040-Instruction, State Special Schools . . . 45,664,000
(a) 10.60.040.001-School for the Blind, Fremont . . . 5,767,000
(b) 10.60.040.002-School for the Deaf, Fremont . . . 15,949,000
(c) 10.60.040.003-School for the Deaf, Riverside . . . 13,315,000
(d) 10.60.040.007-Diagnostic Centers . . . 10,633,000
(2) Reimbursements . . . -5,235,000
(3) Amount payable from the California State Lottery Education Fund
(Item 6110-006-0814) . . . -127,000
Provisions:
1. On or before September 15 of each year, the superintendent of each
State Special School shall report to each school district the number
of
pupils from that district who are attending a State Special School
and
the estimated payment due on behalf of the district for those pupils
pursuant to Section 59300 of the Education Code. The Controller shall
withhold from the State School Fund in the first principal
apportionment of that fiscal year the amount due from each school
district, as reported to the Controller by the Superintendent of
Public
Instruction. The amount withheld shall be transferred from the State
School Fund to this item. The Superintendent of Public Instruction is
authorized to adjust the estimated payments required after the close
of
the fiscal year by reporting to the Controller the information needed
to
make the adjustment. The payments by the Controller that result from
this yearend adjustment shall be applied to the current year.
2. The State Special Schools for the Deaf in Fremont and Riverside
and the State Special School for the Blind in Fremont shall provide a
four-week extended session.
6110-006-0814--For support of Department of Education, for payment
to Item 6110-006-0001, payable from the California State Lottery
Education Fund . . . 127,000
Provisions:
1. All funds received pursuant to Chapter 12.5 (commencing with
Section 8880) of Division 1 of Title 2 of the Government Code that
are allocable to the State Special Schools pursuant to Section 8880.5
of the Government Code, and, that are in excess of the amount
appropriated in this item, are hereby appropriated in augmentation of
this item.
6110-007-0001--For support of Department of Education, Program
20.20.010-Instructional Materials Management and
Distribution--Curriculum Frameworks and Instructional Materials . . .
117,000
Provisions:
1. Funds appropriated by this item shall be used only for direct
costs
to conduct biennial state adoptions of basic instructional materials
pursuant to Section 60200 of the Education Code and for indirect
costs for that purpose at the rate approved by the United States
Department of Education.
6110-008-0001--For support of Department of Education, as
allocated by the Department of Education to the State Special Schools
for student transportation allowances, Program 10.60.040 . . .
1,402,000
Provisions:
1. Funds appropriated in this item are in lieu of funds that
otherwise
would be transferred from the General Fund to Section A of the State
School Fund in accordance with Sections 14007 and 41301.5 of the
Education Code.
6110-015-0001--For support of Department of Education, Program
20.20.020-Instructional Materials Management and Distribution . . .
438,000
Provisions:
1. Funds appropriated in this item are for transfer by the
Controller to
the State Instructional Materials Fund, for allocation during the
2004-05 fiscal year pursuant to Article 3 (commencing with Section
60240) of Chapter 2 of Part 33 of the Education Code. These funds
shall be transferred in amounts claimed by the Department of
Education, for direct disbursement by the Department of Education
from the State Instructional Materials Fund.
2. Of the funds appropriated in this item, $26,200 shall be available
for SDE rental costs associated with the East End Complex and other
leased space. In addition to the funds appropriated in this item for
rental costs of the State Department of Education, additional amounts
will be allocated through Section 4.60 of this act.
6110-021-0001--For support, Department of Education, Program
30.20.005-Child Nutrition--Nutrition Education Projects . . . 70,000
6110-101-0231--For local assistance, Department of Education,
Program 20.10.045-Instructional Support, Curriculum
Services--Health and Physical Education--Drug Free Schools, for
county offices of education, payable from the Health Education
Account, Cigarette and Tobacco Products Surtax Fund . . . 3,106,000
6110-101-0814--For local assistance, Department of Education,
Program 10.10-School Apportionment, for allocation by the
Controller in accordance with Section 8880.5 of the Government
Code as enacted by the voters in Proposition 37 at the November
1984 general election, payable from the California State Lottery
Education Fund . . . 806,755,000
Provisions:
1. All funds received pursuant to Chapter 12.5 of Division 1 of Title
2
of the Government Code that can be allocated to local education
agencies that serve pupils in kindergarten or any of grades 1 to 12,
inclusive, pursuant to Section 8880.5 of the Government Code, and
that are in excess of the amount appropriated in this item, are
hereby
appropriated in augmentation of this item.
6110-101-0975--For local assistance, Department of Education,
Program 20.40.040-Library and Learning Resources, payable from the
California Public School Library Protection Fund . . . 4,574,000
Provisions:
1. Subject to the conditions of Article 6 (commencing with Section
18175) of Chapter 2 of Part 11 of the Education Code, and based on
increases in the funds deposited in the California Public School
Library Protection Fund, the appropriation made in this item may be
increased subject to the approval of the Department of Finance.
6110-102-0231--For local assistance, Department of Education,
Program 20.10.045-Instructional Support, Curriculum Services Health
and Physical Education, Drug Free Schools, for local assistance,
payable from the Health Education Account, Cigarette and Tobacco
Products Surtax Fund . . . 18,998,000
Provisions:
1. On or before June 1, 2005, the State Department of Education
shall
report to the Joint Legislative Budget Committee on the amount of
Tobacco-Use Prevention Education funds that it intends to transfer
from the competitive grades 9-12 program to the formula grades 4-8
program in the 2004-05 fiscal year.
6110-102-0890--For local assistance, Department of Education,
Program 20.60.038-Learn and Serve America Program, payable from
the Federal Trust Fund . . . 2,339,000
6110-103-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10.001.005-School Apportionments for
transfer to Section A of the State School Fund, for the purposes of
Section 8152 of the Education Code . . . 10,456,000
Provisions:
1. Notwithstanding Section 8154 of the Education Code, or any other
provision of law, the funds appropriated in this item shall be the
only
funds available for and allocated by the Superintendent of Public
Instruction for the apprenticeship programs operated by school
districts and county offices of education.
2. Notwithstanding Section 8152 of the Education Code, each
60-minute hour of teaching time devoted to each indentured apprentice
enrolled in and attending classes of related and supplemental
instruction as provided under Section 3074 of the Labor Code shall be
reimbursed at the rate of $4.86 per hour. For purposes of this
provision, each hour of teaching time may include up to 10 minutes
for
passing time and breaks.
3. No school district or county office of education shall use funds
allocated pursuant to this item to offer any new or expanded
apprenticeship program unless the program has been approved by the
Superintendent of Public Instruction.
4. The Superintendent of Public Instruction shall report to the
Department of Finance and the Legislature not later than February 1,
2005, on the amount of funds expended for and the hours of related
and supplemental instruction offered in the apprenticeship program
during the 2003-04 fiscal year, with information to be provided by
the school district, county office of education, program sponsor, and
trade. Expenditure information shall distinguish between direct and
indirect costs, including administrative costs funded for the State
Department of Education, school districts, and county offices of
education. In addition, the report shall identify the hours of
related and
supplemental instruction proposed for the 2003-04 and 2004-05 fiscal
years by the school district, county office of education, program
sponsor, and trade. As a condition of receiving funds for the
apprenticeship programs, school districts, and county offices of
education and regional occupational centers and programs shall report
to the Superintendent of Public Instruction the information necessary
for the completion of this report.
5. Notwithstanding Article 8 (commencing with Section 8150) of
Chapter 1 of Part 6 of the Education Code, or any other provision of
law, the total number of hours eligible for state reimbursement in
apprenticeship programs operated by school districts and county
offices of education shall be limited to an amount equal to the
amount
of the total appropriation made in this item divided by the hourly
rate
specified in Provision 2. The Superintendent of Public Instruction
shall have the authority to determine which apprenticeship programs
and which hours offered in those programs, are eligible for
reimbursement.
6. Of the funds appropriated in this item, $342,000 is provided to
increase the number of participants in the program.
7. An additional $5,933,000 in expenditures for this item has been
deferred until the 2005-06 fiscal year.
6110-103-0890--For local assistance, Department of Education,
Program 41.20.030.003-Robert C. Byrd Honors Scholarship Program,
payable from the Federal Trust Fund . . . 5,072,000
6110-104-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10.011- School
Apportionments--Remedial Supplemental Instruction Programs, for
transfer to Section A of the State School Fund, for supplemental
instruction and remedial programs . . . 277,862,000
Schedule:
(1) 10.10.011.008-School Apportionments, for Supplemental
Instruction, Remedial, Grades 7-12 for the purposes of Section 37252
of the Education Code . . .
157,438,000
(2) 10.10.011.009-School Apportionments, for Supplemental
Instruction, Retained, or Recommended for Retention, Grades 2-9, for
the purposes of Section 37252.2 of the Education Code, as applicable
. . . 38,020,000
(3) 10.10.011.010-School Apportionments, for Supplemental
Instruction, Low STAR, or at-risk, Grades 2-6, for the purposes of
Section 37252.8 of the Education Code, as applicable . . . 14,462,000
(4) 10.10.011.011-School Apportionments, for Supplemental
Instruction, Core Academic, Grades K-12, for the purposes of Section
37253 of the Education Code . . . 67,942,000
Provisions:
1. Notwithstanding any other provision of law, for the 2004-05 fiscal
year the Superintendent of Public Instruction shall allocate a
minimum
of $7,573 for supplemental summer school programs in each school
district for which the prior fiscal year enrollment was less than 500
and that, in the 2004-05 fiscal year, offers at least 1,500 hours of
supplemental summer school instruction. A small school district, as
described above, that offers less than 1,500 hours of supplemental
summer school offerings shall receive a proportionate reduction in
its
allocation. For the purpose of this provision, supplemental summer
school programs shall be defined as programs authorized under
paragraph (2) of subdivision (f) of Section 42239 of the Education
Code as it read on July 1, 1999.
2. Notwithstanding any other provision of law, for the 2004-05 fiscal
year, the maximum reimbursement to a school district or charter
school for the program listed in Schedule (4) shall not exceed 5
percent of the district or charter school's enrollment multiplied by
120
hours, multiplied by the hourly rate for the 2004-05 fiscal year.
4. Notwithstanding any other provision of law, the rate of
reimbursement shall be $3.59 per hour of supplemental instruction.
5. Notwithstanding any other provision of law, if the funds in this
item
are insufficient to fund otherwise valid claims, the superintendent
shall adjust the rates to conform to available funds.
6. Of the funds appropriated in this item, $8,560,000 is for the
purpose of providing a cost-of-living adjustment of 2.41 percent.
Additionally, $3,342,000 is for the purpose of providing for
increases
in average daily attendance at a rate of 0.95 percent for
supplemental
instruction and remedial programs, in lieu of the amount that would
otherwise be provided pursuant to any other provision of law.
7. Funds contained in Schedules (1) and (2) of this item shall first
be
used to offset any state-mandated reimbursable costs that may
otherwise be claimed through the state mandates reimbursement
process of implementing Sections 37252 and 37252.2 of the
Education Code. Local education agencies accepting funding from
these schedules shall reduce their estimated and actual mandate
reimbursement claims by the amount of funding provided to them from
these schedules.
8. Notwithstanding any other provision of law, an additional
$85,866,000 in expenditures for this item has been deferred until the
2005-06 fiscal year.
6110-105-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund
for the purposes of Article 1 (commencing with Section 52300) of
Chapter 9 of Part 28 of the Education Code . . . 356,243,000
Schedule:
(1) 10.10.004-Instruction Program-- School Apportionments,
Regional
Occupational Centers and Programs . . . 363,560,000
(2) Reimbursements . . . -7,317,000
Provisions:
1. Notwithstanding any other provision of law, the funds appropriated
in this item are for transfer by the Controller to Section A of the
State
School Fund, in lieu of the amount that otherwise would be
appropriated for transfer from the General Fund in the State Treasury
to Section A of the State School Fund for the 2004-05 fiscal year
pursuant to Sections 14002 and 14004 of the Education Code, in an
amount as needed for apportionment pursuant to Article 1
(commencing with Section 52300) of Chapter 9 of Part 28 of the
Education Code.
2. Funds appropriated in this item shall be apportioned by the
Superintendent of Public Instruction pursuant to Article 1.5
(commencing with Section 52335) of Chapter 9 of Part 28 of the
Education Code.
3. Because Chapter 482 of the Statutes of 1984 was chaptered after
Chapter 268 of the Statutes of 1984, the Legislature's intent
regarding
the eligibility of regional occupational centers and programs for
incentive funding for a longer instructional year under Section 46200
of the Education Code was not carried out. It is the intent of the
Legislature that regional occupational centers and programs not be
eligible for that incentive funding.
Notwithstanding any other provision of law, the funds appropriated
in this item may not be expended for the purposes of providing or
continuing incentive funding for a longer instructional year pursuant
to
Section 46200 of the Education Code.
4. Notwithstanding any other provision of law, funds appropriated in
this item for average daily attendance (ADA) generated by
participants in welfare-to-work activities under the CalWORKs
program established in Article 3.2 (commencing with Section 11320)
of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code may be appropriated on an advance basis to local education
agencies based on anticipated units of ADA if a prior application for
this additional ADA funding has been approved by the Superintendent
of Public Instruction.
5. Of the amount appropriated in this item $1,161,000 is to fund
remedial education services for participants in welfare-to-work
activities under the CalWORKs program.
6. Of the funds appropriated in this item, $13,595,000 is provided
for
increases in average daily attendance at a rate of 3.67 percent. If
growth funds are insufficient, the State Department of Education may
adjust the per-pupil growth rates to conform to available funds.
Additionally, $9,255,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 2.41 percent.
7. An additional $37,051,000 in expenditures for this item has been
deferred until the 2005-06 fiscal year.
6110-106-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State School Fund, Program 20.30, West Contra Costa Facilities
Payment . . . 800,000
Provisions:
1. For allocation to the West Contra Costa Unified School District
as
specified by paragraph (1) of subdivision (a) of Education Code
Section 41329.
6110-107-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-County Offices of Education Fiscal
Oversight . . . 10,052,000
Schedule:
(1) 10.10.002-COE Oversight . . . 5,268,000
(2) 10.10.005-FCMAT . . . 2,729,000
(3) 10.10.012-FCMAT: CSIS . . . 250,000
(4) 10.10.013-Audit Appeal Panel . . . 55,000
(5) 10.10.015-Interim Reporting . . . 1,050,000
(6) 10.10.016-Staff Development . . . 700,000
Provisions:
1. The funds appropriated in Schedule (1) of this item are for the
purposes provided in paragraph (1) of subdivision (a) of Section 29
of Chapter 1213 of the Statutes of 1991 and subsequent legislation.
2. Funds contained in Schedule (1) may be used for activities,
including, but not limited to, conducting reviews, examinations, and
audits of districts and providing written notifications of the
results at
least annually by county offices of education on the fiscal solvency
of
the districts with disapproved budgets, qualified or negative
certifications, or, pursuant to Section 42127.6 of the Education
Code,
districts facing fiscal uncertainty. Written notifications of the
results
of these reviews, audits, and examinations shall be provided at
least
annually to the district governing board, the Superintendent of
Public
Instruction, the Director of Finance, and the Office of the Secretary
for
Education.
2.5. Funds contained in Schedule (1) shall first be used to offset
any
state-mandated reimbursable costs that may otherwise be claimed
through the state mandates reimbursement process for implementing
Sections 42100, 42127, 42127.5, 42127.6, 42128, and 42131 of the
Education Code, and Section 3540.2 of the Government Code.
3. Of the funds appropriated in Schedule (2) of this item:
(a) $2,061,000 shall be allocated by the Controller directly to a
county office of education, selected pursuant to subdivision (a) of
Section 42127.8 of the Education Code to oversee Fiscal Crisis and
Management Assistance Team (FCMAT) responsibilities with respect
to these funds, to meet the costs of participation under Section
42127.8 of the Education Code.
(b) $250,000 shall be available to develop and implement the
activities of regional teams of fiscal experts to assist districts in
fiscal
distress.
(c) $418,000 shall be allocated to FCMAT for the purpose of
providing, through computer technology, financial and demographic
information that is interactive and immediately accessible to all
local
education agencies to assist them in their decisionmaking process. To
ensure a completely integrated system, this computer information
should be developed in collaboration with the State Department of
Education, and should be compatible with the hardware and software
of the State Department of Education, so that this information may
also
assist state-level policymakers in making comparable standardized
financial information available to the local education agencies and
the
public.
4. Of the funds appropriated in Schedule (3) of this item, $250,000
shall be available to the FCMAT to pay for project management
services for CSIS. These funds shall be used to supplement and not
supplant other CSIS funds available for project management services.
5. The funds appropriated in Schedule (5) of this item are for the
increased responsibility of county offices of education for oversight
of
school districts with audit exceptions, districts with qualified or
negative interim reports, districts that may be unable to meet
financial
obligations for the current or subsequent fiscal years, or districts
with
disapproved budgets, as provided under Chapter 924 of the Statutes of
1993. Of these funds, $150,000 shall be available for no more than a
25 percent state reimbursement for the previously specified
activities.
6. Up to $900,000 of the funds appropriated in Schedule (5) may also
be used to fully reimburse county office of education activities for
extraordinary costs of audits, examinations, or reviews of district
budgets in cases where fraud, misappropriation of funds or other
illegal fiscal practices require COE review, pursuant to Section 2 of
Chapter 620 of the Statutes of 2001. Allocation of the funds shall be
administered by the Fiscal Crisis and Management Assistance Team
(FCMAT) on a reimbursement basis. All reimbursements shall be
subject to the approval of both the Department of Finance and the
State Department of Education.
7. The amount appropriated in Schedule (5) of this item and in
Schedule (5) of Item 6110-107-0001 of the Budget Act of 2003
(Chapter 157, Statutes of 2003) shall remain available for
expenditure
for the 2004-05 and 2005-06 fiscal years. Any unexpended balance as
of September 1, 2005, shall be available through July 30, 2006, for
the following, in order of descending priority:
(a) Regional assistance teams developed pursuant to Provision 3(b) of
this item.
(b) Staff development pursuant to Provision 10 of this item.
8. Notwithstanding Section 26.00, the funds appropriated in this item
shall be allocated in accordance with the above schedule unless a
revision to the allocations contained herein has been approved by the
Department of Finance. The Department of Finance may not authorize
any such revision sooner than 30 days after notification in writing
of
the necessity therefor to the chairperson of the committee in each
house that considers appropriations and the Chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser
time the chairperson of the joint committee, or his or her designee,
may in each instance determine.
9. The funds appropriated in Schedule (4) of this item are for the
additional staff and resources needed for FCMAT to ensure that
timely resolution of audit findings is achieved pursuant to the
directives of Education Code Section 41344.
10. Of the funds appropriated in Schedule (6) of this item, $500,000
is
for the purpose of providing staff development to local education
agency school finance and business personnel, as provided in Section
42127.8 of the Education Code. The funds appropriated in Schedule
(6) shall be allocated by the Controller directly to a county office
of
education selected pursuant to subdivision (a) of Section 42127.8 of
the Education Code to oversee FCMAT's responsibilities with respect
to these funds. $200,000 of the funds appropriated in Schedule (6) is
for the purpose of providing training that shall be developed and
facilitated pursuant to Section 42127.8 of the Education Code to
increase school district and school-level capacity to implement and
manage site-based budgeting and decisionmaking governance
structures.
11. Notwithstanding any other provision of law, funds appropriated in
Schedules (1), (2), (4), (5), and (6), of this item to a county
office of
education, selected pursuant to subdivision (a) of Section 42127.8 of
the Education Code to oversee FCMAT responsibilities, shall be
allocated by the State Controller directly to that county office of
education as soon as possible but no later than 60 days after the
enactment of the Budget Act. Funds appropriated in this item shall
not
be subject to grant allocation or review processes on the part of the
State Department of Education nor the Superintendent of Public
Instruction. The county office of education that receives these funds
shall annually provide a report detailing past year expenditures,
identifying the local education agencies (LEA) assisted with these
funds and a summary of progress for each. Additionally, the report
shall identify a plan for the proposed uses of the allocations in
this
item, identifying estimated expenditures for each LEA anticipated to
be served. This report shall be submitted to the Department of
Education and to the Department of Finance by October 1, 2004.
6110-108-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60.020.200-Tenth Grade Counseling pursuant to Section
48431.7 of the Education Code . . . 11,830,000
Provisions:
1. Of the funds appropriated in this item, $109,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a rate of 0.95 percent. Additionally, $278,000 is for the purpose
of
providing a cost-of-living adjustment at a rate of 2.41 percent.
6110-111-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Home to School Transportation, pursuant to Article 10 (commencing
with Section 41850) of Chapter 5 of Part 24 of the Education Code
and Small School District Transportation, pursuant to Article 4.5
(commencing with Section 42290) of Chapter 7 of Part 24 of the
Education Code . . . 491,829,000
Schedule:
(1) 10.10.006-Pupil Transportation . . . 487,117,000
(2) 10.10.008-Small School District Bus Replacement . . . 4,712,000
Provisions:
1. Of the funds appropriated in this item, $4,980,000 is for the
purpose of providing an adjustment for increases in average daily
attendance at a rate of 0.95 percent. If funds for growth are
insufficient, the State Department of Education may adjust the
per-pupil growth rates to conform to available funds. Additionally,
$12,753,000 is for the purpose of providing a cost-of-living
adjustment (COLA) at a rate of 2.41 percent.
2. An additional $50,103,000 in expenditures for this item has been
deferred until the 2005-06 fiscal year.
6110-112-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State School Fund, Program 20.60.017-Instructional Time and Staff
Development Reform Program . . . 237,024,000
Provisions:
1. The funds appropriated in this item are available for the purposes
of the Instructional Time and Staff Development Reform Program
established by Article 7.5 (commencing with Section 44579) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code.
2. Of the funds appropriated in this item, $1,737,000 is provided for
increases in the number of eligible participants. Additionally,
$5,620,000 is for the purpose of providing a cost-of-living
adjustment
at a rate of 2.41 percent, resulting in a daily rate of $306.50 for
teachers and $158.92 for classified paraprofessionals.
6110-112-0890--For local assistance, Department of Education,
Program 20.60.036-Public Charter Schools, payable from the Federal
Trust Fund . . . 37,822,000
Provisions:
1. Of the funds appropriated in this item, an amount of up to
$422,000
may be transferred to Item 6110-001-0890 to be used for state
operations purposes relating to federal charter school grants.
6110-113-0001--For local assistance, Department of Education
(Proposition 98), for purposes of California's pupil testing program
. .
. 79,360,000
Schedule:
(2) 20.70.030.005-Assessment Review and Reporting . . . 2,313,000
(3) 20.70.030.006-STAR Program . . . 53,836,000
(4) 20.70.030.007-English Language Development Assessment . . .
11,437,000
(5) 20.70.030.008-High School Exit Examination . . . 10,367,000
(6) 20.70.030.016-Test Development:
STAR Exam . . . 1,407,000
(7) 20.70.030.015-California High School Proficiency Exam . . .
1,020,000
(8) Reimbursements . . . -1,020,000
Provisions:
1. The funds appropriated in this item shall be for the pupil testing
programs authorized by Chapter 5 (commencing with Section 60600),
Chapter 7 (commencing with Section 60810), and Chapter 9
(commencing with Section 60850) of Part 33 of the Education Code.
2. The funds appropriated in Schedule (3) include funds for primary
language tests administered pursuant to Article 4 (commencing with
Section 60640) of Chapter 5 of Part 33 of the Education Code.
3. The funds appropriated in Schedule (4) shall be available for
approved contract costs and apportionment costs for administration of
an English Language development test meeting the requirements of
Chapter 7 (commencing with Section 60810) of Part 33 of the
Education Code. A total of $9,593,000 is provided as incentive
funding of $5 per pupil for district apportionments for the English
Language Development Test. As a condition of receiving these funds,
school districts must agree to provide information determined to be
necessary to comply with the data collection and reporting
requirements of the No Child Left Behind Act of 2001 (P.L. 107-110)
regarding English language learners by the State Department of
Education with approval by the State Board of Education.
4. The funds appropriated in Schedule (5) include funds for approved
contract costs and apportionment costs for the administration of the
HSEE pursuant to Chapter 9 (commencing with Section 60850) of
Part 33 of the Education Code.
5. The funds appropriated in Schedule (6) shall be available for test
item development for the STAR program during the 2004-05 fiscal
year. The test items developed with these funds shall make progress
in
aligning this exam with the State Board of Education-approved
academic content standards and in ensuring that this exam is valid
and
reliable as measured by industry standards.
6. It is the intent of the Legislature that the State Department of
Education develop a plan to streamline existing programs to eliminate
duplicative tests and minimize the instructional time lost to test
administration. The State Department of Education shall ensure that
all statewide tests meet industry standards for validity and
reliability.
7. The State Board of Education shall annually establish the amount
of
funding to be apportioned to school districts for the English
Language
Development Assessment and the High School Exit Examination. The
amount of funding to be apportioned per test shall not be valid
without
the approval of the Department of Finance.
8. Funds provided in Schedules (3), (4), and (5) shall first be used
to
offset any state-mandated reimbursable costs that otherwise may be
claimed through the state mandates reimbursement process for the
Standardized Testing and Reporting Program, the California English
Language Development Test, and the California High School Exit
Exam, respectively. Local education agencies accepting funding from
these schedules shall reduce their estimated and actual mandate
reimbursement claims by the amount of funding provided to them from
these schedules.
6110-113-0890--For local assistance, Department of Education-Title
VI Flexibility and Accountability, payable from the Federal Trust
Fund . . . 41,289,000
Schedule:
(1) 20.60.030.030-Alternative Schools Accountability Model . . .
775,000
(2) 20.70.030.006-STAR Program . . . 8,549,000
(2.5) 20.70.030.016-Instructional Support: Test Development--STAR
Exam . . . 535,000
(3) 20.70.030.008-High School Exit Examination . . . 7,884,000
(4) 20.70.030.017-NCLB Longitudinal Database . . . 2,993,000
(5.5) 20.70.030.007-Instructional Support: English Language
Development Assessment . . . 10,156,000
(6) 20.70.030.022-High School Exit Examination Workbooks . . .
2,500,000
(6.5) 20.70.030.026-Instructional Support: Primary Language Test
Developmental . . . 3,000,000
(7) 20.70.030.032-California Alternate Performance Assessment . . .
2,200,000
(8) 20.070.030.029-High School Exit Examination: Evaluation of
Instruction . . . 498,000
(9) 20.070.030.031-CELDT-Vertical Scaling Project . . . 300,000
(10) 20.070.030.005-Assessment Review and Reporting . . . 600,000
(11) 20.90.001.010-California School Information Services (CSIS)
Local Grants . . . 1,000,000
(12) 20.90.001.020-California School Information Services (CSIS)
Administration . . . 299,000
Provisions:
1. Funds appropriated in Schedule (1) are provided for the continued
development of the Alternative Schools Accountability Model to
include alternative schools within the state's system of
accountability.
2. Funds appropriated in Schedule (2) are provided for approved
contract and district apportionment costs related to the Standardized
Testing and Reporting program. Of this amount, $1.4 million is for
the
planning and development of science tests and $650,000 is for
reporting Adequate Yearly Progress pursuant to the No Child Left
Behind Act of 2001 (P.L. 107-110).
3. Funds appropriated in Schedule (3) are provided for approved
contract and district apportionment costs related to the High School
Exit Examination.
4. Funds appropriated in Schedule (4) are provided to the California
School Information Services (CSIS) for the assignment and
maintenance of student identifiers necessary for the establishment of
a
longitudinal database for the requirements of the No Child Left
Behind
Act of 2001 (P.L. 107-110), pursuant to Chapter 1002, Statutes of
2002. Of these funds, $721,000 is provided on a one-time basis,
carried over from previous years.
5. The funds appropriated in Schedule (5.5) shall be available for
approved contract costs for administration of an English language
development test meeting the requirements of Chapter 7 (commencing
with Section 60810) of Part 33 of the Education Code.
6. Funds appropriated in Schedule (6) are for the printing and
distribution of the High School Exit Examination Workbooks.
7. Funds appropriated in Schedule (7) are for approved contract costs
and district apportionments of $5 per pupil for the California
Alternate Performance Assessment.
8. Funds appropriated in Schedule (8) are for an evaluation of
instruction in the standards covered by the High School Exit
Examination in order to determine the progress of middle schools and
high schools in implementing instruction and curriculum aligned to
those standards. The Department of Finance may transfer funds
provided pursuant to this provision to Item 6110-001-0890.
9. Funds appropriated in Schedule (9) are to produce a vertical scale
for the California English Language Development Test to allow a
more accurate system of holding schools accountable for improving
English proficiency among English Language learners. The
Department of Finance may transfer funds provided pursuant to this
provision to Item 6110-001-0890.
10. Funds appropriated in Schedule (10) are for providing local
education agencies information regarding federal requirements
associated with assessments.
11. Funds provided in Schedules (2), (3), (5.5), and (7) shall first
be
used to offset any state-mandated reimbursable cost that otherwise
may be claimed through the state mandates reimbursement process for
the Standardized Testing and Reporting Program, the California High
School Exit Exam, the California English Language Development
Test, and the California Alternate Performance Assessment,
respectively. Local education agencies accepting funding from these
schedules shall reduce their estimated and actual mandate
reimbursement claims by the amount of funding provided to them from
these schedules.
12. The funds appropriated in Schedule (2.5) shall be available for
test item development for the STAR program during the 2004-05
fiscal year. The test items developed with these funds shall make
progress in aligning this exam with academic content standards
approved by the State Board of Education and in ensuring that this
exam is valid and reliable as measured to industry standards.
13. The funds appropriated in Schedule (6.5) are for the development
of primary language tests aligned to state-adopted academic content
stan- dards, pursuant to legislation enacted during the 2003-04
Regular Session.
14. Of the amount appropriated in Schedule (11), $1,000,000 is to
provide partial first-year funding to implement the California School
Information Services in up to 53 districts. It is the intent of the
Legislature to appropriate $2,900,000 in the Budget Act of 2005 to
provide the remaining first-year funding and for the second-year
implementation funding for the same districts. Funding amounts for
first- and second-year implementation costs will be provided pursuant
to Section 49084 of the
Education Code.
6110-116-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60.030-School Improvement Programs, pursuant to
Chapter 6 (commencing with Section 52000) of Part 28 of Division 4
of Title 2 of the Education Code . . . 398,272,000
Schedule:
(1) 20.60.030.010-For the purposes of making allowances for
kindergarten and grades 1 to 6, inclusive . . . 328,081,000
(2) 20.60.030.020-For the purpose of making allowances for grades 7
to 12, inclusive . . . 70,191,000
Provisions:
1. From the funds appropriated in Schedule (2), the State Department
of Education shall allocate $31.42 per unit of average daily
attendance (ADA) generated by pupils enrolled in grades 7 and 8 to
those school districts that received School Improvement Grants in the
1989-90 fiscal year at a rate of $30 per unit of ADA generated by
pupils enrolled in grades 7 and 8.
2. Of the funds appropriated in this item, $1,709,000 is to provide
an
adjustment for increases in enrollment at a rate of 2.56 percent and
$9,372,000 is to provide a cost-of-living adjustment at a rate of
2.41
percent.
6110-117-0001--For local assistance, State Department of Education,
Program 10.70-Vocational Education, in lieu of the amount that
otherwise would be appropriated pursuant to subdivision (b) of
Section 19632 of the Business and Professions Code . . . 512,000
6110-119-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.40.060-Educational Services for Foster Youth pursuant to
Chapter 11.3 (commencing with Section 42920) of Part 24 of
Division 3 of Title 2 of the Education Code . . . 9,048,000
Provisions:
1. Of the funds appropriated in this item, $83,000 is to provide an
adjustment for increases in average daily attendance at a rate of
0.95
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rate to conform to the
available funds. Additionally, $213,000 is to provide a
cost-of-living
adjustment at a rate of 2.41 percent.
6110-119-0890--For local assistance, Department of Education, for
10.30.060.002--Title I Program for Neglected and Delinquent
Children, payable from the Federal Trust Fund . . . 3,317,000
6110-120-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund
Program 20.40.100-Pupil Dropout Prevention Programs established
pursuant to Article 6 (commencing with Section 52890) and Article 7
(commencing with Section 52900) of Chapter 12 of Part 28 of, Article
7 (commencing with Section 54720) of Chapter 9 of Part 29 of, and
Chapter 3.5 (commencing with Section 58550) of Part 31 of, the
Education Code . . . 22,625,000
Provisions:
1. The following provisions apply to pupil dropout prevention
programs receiving funds pursuant to this item:
(a) Prior to hiring an outreach consultant with funds appropriated in
this item, a school or school district shall have adopted a plan,
that
includes a statement describing the specific duties of the outreach
consultant and that has been approved by the Superintendent of Public
Instruction. This duty statement shall require that the outreach
consultant perform only activities that directly benefit "high-risk
pupils" as defined in subdivision (c) of Section 54721 of the
Education Code. Each outreach consultant shall receive no more than
$51,732 as annual compensation.
(b) A school district or any school receiving funds for outreach
consultants in schools with motivation and maintenance plans
developed in accordance with Article 7 (commencing with Section
54720) of Chapter 9 of Part 29 of the Education Code shall collect
and report data to the Superintendent of Public Instruction on pupil
dropouts, together with any other data deemed necessary by the
superintendent for the evaluation of motivation and maintenance
programs. The data shall be reported in a format to be determined by
the superintendent. Whenever feasible, the superintendent shall
collect
this data through the California Basic Educational Data System
(CBEDS).
(c) Notwithstanding the schedule set forth in Section 58554 of the
Education Code, (1) the maximum fee for an initial diagnosis
prepared by an educational clinic under the terms of the contract
entered into pursuant to Section 58553 or 58553.5 of the Education
Code shall not exceed $106.14 and may be expended for outreach and
pupil and family counseling in addition to the initial diagnosis of
entering pupils, and (2) the maximum fee for each instructional hour
or
fee for additional diagnosis provided under the terms of a contract
entered into pursuant to Section 58553 or 58553.5 of the Education
Code shall not exceed $7.12 per hour.
2. Of the amount appropriated in this item, $208,000 is for the
purpose of providing an adjustment for increases in average daily
attendance at a rate of 0.95 percent. Additionally, $532,000 is for
the
purpose of providing a cost-of-living adjustment at a rate of 2.41
percent.
6110-122-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.40.090-Specialized Secondary Programs, pursuant to
Chapter 6 (commencing with Section 58800) of Part 31 of the
Education Code . . . 5,310,000
Provisions:
1. Of the funds appropriated in this item, $1,500,000 shall be
allocated to Specialized Secondary Programs established pursuant to
Chapter 6 (commencing with Section 58800) of Part 31 of the
Education Code prior to the 1991-92 fiscal year that operate in
conjunction with the California State University.
2. Of the funds appropriated in this item, $49,000 is to provide an
adjustment for increases in average daily attendance at a rate of
0.95
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rate to conform to
available funds. Additionally, $125,000 is to provide a
cost-of-living
adjustment at a rate of 2.41 percent.
6110-123-0001--For local assistance, Department of Education
(Proposition 98), for implementation of the Public Schools
Accountability Act, pursuant to Chapter 6.1 (commencing with
Section 52050) of Part 28 of the Education Code . . . 249,209,000
Schedule:
(1) 20.60.030.031-Immediate Intervention/Underperforming Schools
Program . . . 53,067,000
(2) 20.60.030.034-Low-Performing Schools . . . 193,141,000
(3) 20.60.030.036-Corrective Actions . . . 3,001,000
Provisions:
1. Funds appropriated in Schedule (1) are provided solely for the
purpose of implementing the Immediate Intervention/Underperforming
Schools Program, pursuant to Article 3 (commencing with Section
52053) of Chapter 6.1 of Part 28 of the Education Code. These funds
are to fund implementation grants for the second and third cohorts
of
schools that received planning grants under the program during the
2000-01 and 2001-02 fiscal years.
2. Funds appropriated in Schedule (2) are provided solely for the
purpose of implementing the High Priority Schools Grant Program for
Low-Performing Schools, pursuant to Article 3.5 (com-mencing with
Section 52055.600) of Chapter 6.1 of Part 28 of the Education Code.
3. Pursuant to Chapter 1020, Statutes of 2002, the funds appropriated
in Schedule (3) shall, upon ap-proval by the State Board of
Education,
be avail-able to support schools working with School Assistance and
Intervention Teams or schools subject to state or federal sanctions
by
the Superintendent of Public Instruction as part of the Immediate
Intervention/Underperforming Schools Program or No Child Left
Behind Act of 2001 (P.L. 107-110). To the extent necessary to fully
fund the Immediate Intervention/Underperforming Schools Program
and School Assistance and Intervention Teams, the Department of
Finance may transfer funds between Schedule (1) and Schedule (3) of
this item.
6110-123-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund . . . 112,673,000
Schedule:
(1) 20.60.030.031-Immediate
Intervention/Underperforming Schools Program . . . 72,444,000
(2) 20.60.030.035-Innovative Program, Title V-ESEA . . . 40,229,000
Provisions:
1. Of the funds appropriated in Schedule (1) of this item,
$28,800,000
is available to provide implementation grants for federally funded
schools currently participating in the Immediate
Intervention/Underperforming Schools Program or the High Priority
Schools Grant Program.
2. Of the funds appropriated in Schedule (1) of this item,
$43,644,000
is available for new Comprehensive School Reform Program grants.
The State Department of Education may allocate up to $15.2 million
of these funds to qualified applications received in response to the
Request for Applications the State Department of Education released
in December 2003. For the remaining balance of these funds, the State
Department of Education shall award grants in the following priority
order to qualified applications from schools that neither are
receiving
nor have received funding from the High Priority Schools Grants
Program, the Immediate Intervention/Underperforming Schools
Program, or the Comprehensive School Reform Program: (a) schools
in federal program improvement in districts that have either 15 or
more schools in federal program improvement or in which 55 percent
or more of the schools are in federal program improvement, (b)
schools in federal program improvement, and (c) any other eligible
schools in deciles 1 through 5, inclusive. Within each of these
categories, schools having the lowest Academic Performance Index
scores shall have priority. Funding shall be provided at a rate of
$200
per pupil, with each qualified applicant receiving a minimum grant of
$50,000, plus an additional 10 percent of the award amount for
district support. In accordance with Section 52055.600 of the
Education Code, to the extent that a school receiving a new
Comprehensive School Reform Program grant also participates in a
new cohort of the High Priority Schools Grant Program, funds for the
Comprehensive School Reform Program shall count against that
school's High Priority Schools Grant. Funding for the second and
third
years is contingent upon California receiving sufficient funding from
the federal government to continue providing grants. If the State
Department of Education does not receive sufficient qualified
applications, any excess funding left may be used to provide second
year grants to qualified applicants.
3. Of the funds appropriated in Schedule (1) of this item,
$32,928,000
are carryover funds from the 2003-04 fiscal year.
6110-124-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.80.010-Gifted and Talented Pupil Program established
pursuant to Chapter 8 (commencing with Section 52200) of Part 28 of
the Education Code . . . 44,018,000
Provisions:
1. An additional $4,092,000 in expenditures for this purpose has been
deferred to the 2005-06 fiscal year.
2. Of the funds appropriated in this item, $404,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a rate of 0.95 percent. Additionally, $1,036,000 is for the
purpose
of providing a cost-of-living adjustment at a rate of 2.41 percent.
6110-125-0001--For local assistance, Department of Education
(Proposition 98), for English Language Learners Program
20.10.006-English Language Learners Student Assistance pursuant to
Chapter 4 (commencing with Section 400) of Part 1 of Division 1 of
Title 1 of the Education Code . . . 54,999,000
Provisions:
1. Of the funds appropriated in this item, $505,000 is to provide an
adjustment for increases in average daily attendance at a rate of
0.95
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rate to conform to
available funds. Additionally, $1,294,000 is to provide a
cost-of-living adjustment at a rate of 2.41 percent.
6110-125-0890--For local assistance, Department of Education . . .
293,037,000
Schedule:
(1) 10.30.010-Title I, Migrant Education . . . 135,678,000
(2) 10.40.030.004-Refugee Children School Impact Grant . . .
2,050,000
(3) 20.10.004-Title III, Language Acquisition . . . 155,309,000
Provisions:
1. Of the funds appropriated in Schedule (1) of this item, the State
Department of Education shall use no less than $6,500,000 and up to
$7,100,000 for the California Mini-Corps Program.
2. The State Department of Education shall submit an expenditure plan
to the Director of Finance and the Chairperson of the Joint
Legislative
Budget Committee that allocates all available carryover funds in the
most effective method consistent with the one-time nature of the
funds
that ensures complete expenditure of the funds by local Migrant
Education regions during the 2004-05 fiscal year. The Department of
Finance shall review and approve or disapprove the plan within 21
days of submission. If the Department of Finance fails to either
approve or disapprove the plan within 21 days, the plan shall be
deemed to be approved. If the Department of Finance disapproves the
plan, it shall (1) submit a letter to the Joint Legislative Budget
Committee that explains the rationale for the disapproval, and (2)
convene a working group consisting of representatives of the
Department of Finance and the State Department of Education and the
staff of the appropriate policy and fiscal committees of the
Legislature. The working group shall jointly develop a revised
expenditure plan and submit that plan to the Director of Finance for
approval.
3. Of the funds appropriated in Schedule (1), $10,200,000 in
carryover funding for Migrant Education is provided on a one-time
basis and shall be used for grants to the 22 Migrant Education
regions.
The State Department of Education shall allocate $6,200,000 under
the current state funding formula to promote academic achievement,
and $4,000,000 equitably to all 22 regions to promote parent
involvement and leadership activities. Local education agencies shall
decide which local entities can most effectively perform parental
involvement services.
4. Of the funds appropriated in Schedule (3), $278,000 in carryover
funding for Title III, Language Acquisition, is provided on a
one-time
basis.
6. The Department of Education shall make information available to
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of each house of the
Legislature,
the Department of Finance and the Legislative Analyst's Office, by
January 1, 2005, regarding (a) its progress in developing the new
multiyear contract for statewide projects for the 2005-06 fiscal year
and (b) an estimated date at which it expects to put out the 2005-06
fiscal year statewide project contracts. It is the intent of the
Legislature that statewide project contracts be approved in a timely
manner.
6110-126-0890--For local assistance, Department of Education,
Program 20.60.290-Instructional Support, Title I, Part B of the
Elementary and Secondary Education Act (Reading First Program)
payable from the Federal Trust Fund . . . 174,221,000
Provisions:
1. The funds appropriated in this item are provided pursuant to
Article
1 (commencing with Section 51700) of Chapter 5 of Part 28 of the
Education Code.
2. Of the funds appropriated in this item, $13,635,000 is available
for
bilingual programs pursuant to Section 51701 of the Education Code.
If this funding is insufficient to fully fund the approved districts
with
these programs in a third round of Reading First grant approvals,
first
priority for available Reading First base funding shall be the
approved districts with bilingual programs. The State Board of
Education shall ensure parity in the duration and level of funding
between grants for bilingual classrooms operating under Section 310
of the Education Code and grants for non-bilingual classrooms,
including supplemental grants pursuant to Provision 3.
3. Of the funds appropriated in this item, $29,564,000 is available
from prior years. The first priority for this funding is to increase
the
grant amount provided to existing grantees to $8,000 per
full-time-equivalent classroom teacher in the Reading First Program.
As a condition of the receipt of this supplemental funding, the
grantee
shall provide a plan to utilize his or her Reading First program to
lower the number of special education referrals based upon reading
below grade-level and to provide alternative assistance to pupils.
The
plan should consist of, but is not limited to, providing diagnostic
reading assessments, teacher release time to review assessment
information and conduct reading intervention planning sessions,
providing instruction to pupils identified as having reading
difficulties, and teacher participation in the professional
development
activities focused on assisting students with reading difficulties.
Any
remaining amount shall be available to provide additional Reading
First grants.
4. The State Board of Education shall be required to seek legislative
approval of any changes to the Reading First Program that exceed or
modify program components authorized in Article 1 (commencing
with Section 51700) of Chapter 5 of Part 28 of the Education Code,
including any extension of the grant period beyond three years.
Reading First funds appropriated in this item may be used to provide
student instruction pursuant to subparagraph (E) of paragraph (3) of
subdivision (c) of Section 51700 of the Education Code.
6110-127-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.40.070-Opportunity Classes and Programs pursuant to
Article 2.3 (commencing with Section 48643) of Chapter 4 of Part 27
of Division 4 of Title 2 of the Education Code . . . 2,700,000
Provisions:
1. Notwithstanding Section 48644 of the Education Code, funds
allocated to school districts for the expansion of Opportunity
Classes
and Programs may not exceed $518 per unit of average daily
attendance (ADA), based on the additional enrollment in these classes
and programs above the 1982-83 enrollment levels, expressed in
terms of ADA. For purposes of making this allocation to opportunity
programs, the Superintendent of Public Instruction shall use the
following definition to express enrollment in opportunity programs:
using total positive clock hours scheduled and attended during the
year, 405 hours of opportunity program assignment equals one
opportunity program ADA (405 hours is the product of a second
principal apportionment divisor of 135 and three hours of attendance
per day).
2. Of the funds appropriated in this item, $25,000 is to provide an
adjustment for increases in average daily attendance at a rate of
0.95
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rate to conform to
available funds. Additionally, $64,000 is to provide a cost-of-living
adjustment at a rate of 2.41 percent.
6110-128-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.30.070-Economic Impact Aid . . . 536,236,000
Schedule:
(1) 10.30.070.001-Article 2 (commencing with Section 54020) of
Chapter 1 of Part 29 of Division 4 of Title 2 of the Education Code .
.
. 375,364,000
(2) 10.30.070.020-Sections 54031 and 54033 of the Education Code,
and Article 4 (commencing with Section 54040) of Chapter 1 of Part
29 of Division 4 of Title 2 of the Education Code . . . 160,872,000
Provisions:
1. If the funds appropriated in this item are insufficient to fully
fund
the allocations under Article 4 (commencing with Section 54040) of
Chapter 1 of Part 29 of Division 4 of Title 2 of the Education Code,
the Superintendent of Public Instruction shall prorate the
allocations
made pursuant to that article to reflect the amount of funding
available.
3. Of the funds appropriated in this item, $24,934,000 is for the
purpose of providing an adjustment for increases in average daily
attendance at a rate of 5 percent. If growth funds are insufficient,
the
State Department of Education may adjust the per-pupil growth rates
to conform to available funds. Additionally, $12,619,000 is to
provide a cost-of-living adjustment at a rate of 2.41 percent.
6110-130-0001--For local assistance, Department of Education,
Program 20.60.100-Advancement Via Individual Determination . . .
10,300,000
Provisions:
1. Of the funds appropriated, $1,300,000 is available for
administration of the Advancement Via Individual Determination
(AVID) centers and $6,000,000 is available for competitive outreach
grants to local education agencies for the AVID program.
Notwithstanding any other provision of law, the remaining $3,000,000
shall be used solely for the provision of advanced placement teacher
training or tutoring services.
6110-132-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.10-Targeted Instructional Improvement Grant pursuant to
Chapter 2.5 (commencing with Section 54200) of Part 29 of the
Education Code . . . 569,009,000
Provisions:
1. Of the funds appropriated in this item, $7,007,000 is to provide
an
adjustment for increases in average daily attendance at a rate of
0.95
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rates to conform to
available funds. Additionally, $17,945,000 is to provide a
cost-of-living adjustment at a rate of 2.41 percent.
2. An additional $95,397,000 in expenditures for this item has been
deferred until the 2005-06 fiscal year. An additional $95,397,000 in
expenditures for this purpose is provided in Item 6110-485.
6110-136-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund . . . 1,838,026,000
Schedule:
(1) 10.30.060-Title I-ESEA . . . 1,726,791,000
(2) 10.30.065-McKinney-Vento Homeless Children Education . . .
9,326,000
(3) 10.30.080-Title I-School Improvement . . . 101,909,000
Provisions:
1. In administering the accountability system required by this item,
the
State Department of Education shall align the forms, processes, and
procedures required of local educational agencies in a manner that
they may be utilized for the purposes of implementing the Public
School Accountability Act, as established by Chapter 6.1
(commencing with Section 52050) of Part 28 of the Education Code,
so that duplication of effort is minimized at the local level.
2. Of the funds appropriated in Schedule (3) of this item,
$12,500,000
shall be available for use by the State Department of Education for
the
purposes of the Statewide System of School Support established by
Article 4.2 (commencing with Section 52059) of Chapter 6.1 of Part
28 of the Education Code. Of this amount, $2,500,000 shall be
provided on a one-time basis for costs incurred by counties in the
2003-04 fiscal year.
3. Of the funds appropriated in Schedule (3) of this item, up to
$8,600,000 shall be made available to support school assistance and
intervention teams that enter into a contract with a school pursuant
to
subdivision (a) of Section 52055.51 of the Education Code. These
funds shall be allocated in the amount of $75,000 for each school
assistance and intervention team assigned to an elementary or middle
school, and $100,000 for each team assigned to a high school. The
State Department of Education and Department of Finance may
approve applications with justification for a total funding level of
$125,000.
4. Of the funds appropriated in Schedule (3) of this item, up to
$13,600,000 shall be made available to provide $150 per pupil for
each pupil in a school that is managed in accordance with paragraph
(3) of subdivision (b) of Section 52055.5 of the Education Code or
that contracts with a school assistance and intervention team
pursuant
to subdivision (a) of Section 52055.51 of the Education Code.
5. Of the funds appropriated in Schedule (1), $10,700,000 for Even
Start, and $8,980,000 for Title I Basic, are carryover funds provided
on a one-time basis.
6. Of the funds appropriated in Schedule (2), $1,229,000 for
McKinney-Vento Homeless Children Education are carryover funds
provided on a one-time basis.
7. Of the funds appropriated in Schedule (3), $66,796,000 shall be
available pursuant to pending legislation regarding Title I district
accountability. Of this amount, $31,987,000 are carryover funds.
6110-137-0001--For local assistance, Department of Education,
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60.260--Instructional Support, Mathematics and Reading
Professional Development Program . . . 31,728,000
Provisions:
1. The funds appropriated in this item shall be for allocation to
local
education agencies that participate in the Mathematics and Reading
Professional Development Program established pursuant to Article 3
(commencing with Section 99230) of Chapter 5 of Part 65 of the
Education Code.
2. Within 30 days of the enactment of this act, the Superintendent of
Public Instruction shall calculate the percentage of teachers
eligible
for funding based on the funds appropriated in this item. Prior to
notifying local education agencies of this percentage, the
Superintendent of Public Instruction shall submit the calculation to
the
Department of Finance for verification.
6110-137-0890--For local assistance, Department of Education,
Program 20.10.005-Rural and Low Income Schools Grant, payable
from the Federal Trust Fund . . . 2,710,000
6110-139-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-School Apportionments, Pupil
Residency Verification . . . 168,000
Provisions:
1. Funds appropriated in this item are for the purpose of assisting
school districts that are adjacent to the international border with
their
pupil resi-dency verification, consistent with the intent of Section
48204.6 of the Education Code.
6110-140-0001--For local assistance, Department of Education,
(Proposition 98), Program 20-Instructional Support . . . 4,549,000
Schedule:
(1) 20.80.001-Student Friendly Services . . . 500,000
(2) 20.90.001.020-California School Information Services
Administration . . .
3,899,000
(3) 20.90.001.030-California School Information Services
Administration Independent Project Oversight . . . 150,000
Provisions:
1. The Superintendent of Public Instruction shall allocate the funds
appropriated in Schedule (1) of this item for the Student Friendly
Services program.
2. The funds appropriated in Schedule (2) in this item shall be for
allocation to the Fiscal Crisis and Management Assistance Team for
costs associated with administration of the CSIS project.
3. The Superintendent of Public Instruction shall allocate the funds
appropriated in Schedule (3) to the Sacramento County Office of
Education, which shall use the funds to contract for independent
project oversight of the California School Information Services
(CSIS) program. The independent project oversight shall include the
submission of quarterly project reports on the progress of the CSIS
program to the Legislature, the Department of Finance, the
Superintendent of Public Instruction, the State Board of Education,
the Governor, the Legislative Analyst's Office, and the Fiscal Crisis
and Management Assistance Team for the duration of the program
implementation.
6110-144-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60.270-Principal Training Program
pursuant to Article 4.6 (commencing with Section 44510) of Chapter
3 of Part 25 of the Education Code . . . 5,000,000
6110-149-0001--For transfer by the Controller to the California
Public School Library Protection Fund, pursuant to Section 18182 of
the Education Code (Proposition 98) . . . 4,229,000
Provisions:
1. Funds appropriated in this item shall be transferred to the
California Public School Library Protection Fund to provide funding
for the acquisition of school library materials pursuant to Article 7
(commencing with Section 18180) of Chapter 2 of Part 11 of the
Education Code.
6110-151-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.30.050 and Program 10.30.051-American Indian
Education . . . 4,476,000
Schedule:
(1) 10.30.050-American Indian Education Centers established
pursuant to Article 6 (commencing with Section 33380) of Chapter 3
of Part 20 of Division 2 of Title 2 of the Education Code . . .
3,906,000
(2) 10.30.051-American Indian Early Childhood Education Program
established pursuant to Chapter 6.5 (commencing with Section 52060)
of Part 28 of the Education Code . . . 570,000
Provisions:
1. Of the amount appropriated in this item, $41,000 is to provide an
adjustment for increases in average daily attendance at a rate of
0.95
percent. If the amount needed to fund growth is insufficient, the
State
Department of Education may adjust the per-pupil growth rate to
reflect the available funds. Additionally, $105,000 is to provide a
cost-of-living adjustment (COLA) at a rate of 2.41 percent.
6110-152-0001--For local assistance, Department of Education,
Program 10.30.050-American Indian Education Centers pursuant to
Article 6 (commencing with Section 33380) of Chapter 3 of Part 20 of
the Education Code . . . 376,000
6110-156-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
for allocation by the Superintendent of Public Instruction to school
districts, county offices of education, and other agencies for the
purposes of Proposition 98 educational programs funded by this item,
in lieu of the amount that otherwise would be appropriated pursuant
to
statute . . . 563,533,000
Schedule:
(1) 10.50.010.001-Adult Education . . . 563,533,000
(2) 10.50.010.008-Remedial education services for participants in the
CalWORKs program . . . 8,739,000
(3) Reimbursements-CalWORKs . . . -8,739,000
Provisions:
1. Credit for participating in adult education classes or programs
may
be generated by a special day class pupil only for days in which the
pupil has met the minimum day requirements set forth in Section
46141 of the Education Code.
2. The funds appropriated in Schedule (2) constitute the funding for
both remedial education and job training services for participants in
the CalWORKs program (Article 3.2 (commencing with Section
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code). Funds shall be apportioned by the Superintendent
of Public Instruction for direct instructional costs only to school
districts and Regional Occupational Centers and Programs (ROC/Ps)
that certify that they are unable to provide educational services to
CalWORKs recipients within their adult education block entitlement
or ROC/P block entitlement, or both. Allocations shall be distributed
by the Superintendent of Public Instruction as equal statewide dollar
amounts, based on the number of CalWORKs eligible family members
served in the county.
3. Providers receiving funds under this item for adult basic
education,
English as a Second Language, and English as a Second
Language-Citizenship for legal permanent residents, shall, to the
extent possible, grant priority for services to immigrants facing
the
loss of federal benefits under the federal Personal Responsibility
and
Work Opportunity Reconciliation Act of 1996. Citizenship and
naturalization preparation services funded by this item shall
include,
to the extent consistent with applicable federal law, all of the
following: (a) outreach services; (b) assessment of skills; (c)
instruction and curriculum development; (d) professional
development; (e) citizenship testing; (f) naturalization preparation
and
assistance; and (g) regional and state coordination and program
evaluation.
4. The funds appropriated in Schedule (2) of this item shall be
subject
to the following:
(a) The funds shall be used only for educational activities for
welfare
recipient students and those in transition off of welfare. The
education
activities shall be limited to those designed to increase
self-sufficiency, job training, and work. These funds shall be used
to
supplement and not supplant existing funds and services provided for
welfare recipient students and those in transition off of welfare.
(b) Notwithstanding any other provisions of law, each local education
agency's individual cap for adult education and regional occupational
center and programs (ROC/Ps), average daily attendance shall not be
increased as a result of the appropriations made by this section.
(c) Funds may be claimed by local education agencies for services
provided to welfare recipient students and those in transition off of
welfare pursuant to this section only if all of the following occur:
(1) Each local education agency has met the terms of the interagency
agreement between the State Department of Education and the
Department of Social Services pursuant to Provision 2 of this item.
(2) Each local education agency has fully claimed its respective
adult
education or ROC/P average daily attendance cap for the current year.
(3) Each local education agency has claimed the maximum allowable
funds available under the interagency agreement pursuant to Provision
2 of this item.
(d) Each local education agency shall be reimbursed at the same rate
as it would otherwise receive for services provided pursuant to this
item or pursuant to Item 6110-105-0001 of Section 2.00 of this act,
and shall comply with the program requirements for adult education
pursuant to Chapter 10 (commencing with Section 52500) of Part 28
of Division 4 of Title 2 of the Education Code, and ROC/P
requirements pursuant to Article 1 (commencing with Section 52300)
of, and Article 1.5 (commencing with Section 52335) of, Chapter 9 of,
Part 28 of Division 4 of Title 2 of the Education Code, respectively.
(e) Notwithstanding any other provisions of law, funds appropriated
in this section for average daily attendance (ADA) generated by
participants in the CalWORKs program may be apportioned on an
advance basis to local education agencies based on anticipated units
of ADA if a prior application for this additional ADA funding has
been approved by the Superintendent of Public Instruction.
(f) The Legislature finds the need for good information on the role
of
local education agencies in providing services to individuals who are
eligible for or recipients of CalWORKs assis tance. This information
includes the extent to which local education programs serve public
assistance recipients and the impact these services have on the
recipients' ability to find jobs and become self-supporting.
(g) The State Department of Education shall develop a data and
accountability system to obtain information on education and job
training services provided through state-funded adult education
programs and regional occupational centers and programs. The system
shall collect information on (1) program funding levels and sources;
(2) characteristics of participants; and (3) pupil and program
outcomes. The department shall work with the Department of Finance
and Legislative Analyst in determining the specific data elements of
the system and shall meet all information technology reporting
requirements of the Department of Finance.
(h) As a condition of receiving funds provided in Schedule (2) of
this
item or any General Fund appropriation made to the State Department
of Education specifically for education and training services to
welfare recipient students and those in transition off of welfare,
local
adult education programs and regional occupational centers and
programs shall collect program and participant data as described in
this section and as required by the State Department of Education.
The
State Department of Education shall require that local providers
submit to the state aggregate data for the period July 1, 2004, to
June
30, 2005, inclusive.
5. Of the funds appropriated in this item, $13,421,000 is provided
for
increases in average daily attendance at a rate of 2.50 percent. If
growth funds are insufficient, the State Department of Education may
adjust the per-pupil growth rates to conform to available funds.
Additionally, $13,262,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 2.41 percent.
6. An additional $42,959,000 in expenditures for this item has been
deferred until the 2005-06 fiscal year.
6110-156-0890--For local assistance, Department of Education,
Program 10.50.010.001-Adult Education, payable from the Federal
Trust Fund . . . 81,715,000
Provisions:
1. Under any grant awarded by the State Department of Education
under this item to a qualifying community-based organization to
provide adult basic education in English as a Second Language and
English as a Second Language-Citizenship classes, the department
shall make an initial payment to the organization of 25 percent of
the
amount of the grant. In order to qualify for an advance payment, a
community-based organization shall submit an expenditure plan and
shall guarantee that appropriate standards of educational quality and
fiscal accountability are maintained. In addition, reimbursement of
claims shall be distributed on a quarterly basis. The State
Department
of Education shall withhold 10 percent of the final payment of a
grant
as described in this provision until all claims for that
communitybased
organization have been submitted for final payment.
2. (a) Notwithstanding any other provision of law, all nonlocal
educational agencies (Non-LEA) receiving greater than $300,000
pursuant to this item shall submit an annual organizational audit,
as
specified, to the State Department of Education, Office of External
Audits.
All audits shall be performed by one of the following: (1) a
certified
public accountant possessing a valid license to practice within
California; (2) a member of the State Department of Education's staff
of auditors; or (3) in-house auditors, if the entity receiving funds
pursuant to this item is a public agency, and if the public agency
has
internal staff that performs auditing functions and meets the tests
of
independence found in Standards for Audits of Governmental
Organization, Programs, Activities and Functions issued by the
Comptroller General of the United States.
The audit shall be in accordance with State Department of Education
audit guidelines and Office of Management and Budget, Circular No.
A-133, Audits of Institutions of Higher Education and Other
Non-Profit Institutions.
Non-LEA entities receiving funds pursuant to this item shall submit
the annual audit no later than six months from the end of the agency
fiscal year. If, for any reason, the contract is terminated during
the
contract period, the auditor shall cover the period from the
beginning
of the contract through the date of termination.
Non-LEA entities receiving funds pursuant to this item shall be
held
liable for all State Department of Education costs incurred in
obtaining an independent audit if the contractor fails to produce or
submit an acceptable audit.
(b) Notwithstanding any other provision of law, the State Department
of Education shall annually submit to the Governor, Joint Legislative
Budget Committee, and Joint Legislative
Audit Committee limited scope audit reports of all subrecipients it
is
responsible
for monitoring that receive between
$25,000 and $300,000 of federal awards, and that do not have an
organization-wide audit performed. These limited scope audits shall
be conducted in accordance with the State Department of Education
audit guidelines and Office of Management and Budget, Circular No.
A-133. The State Department of Education may charge audit costs to
applicable federal awards, as authorized by OMB, Circular No.
A-133 Section 230(b)(2).
The limited scope audits shall include agreed-upon procedures
engagements conducted in accordance with either AICPA generally
accepted auditing standards or attestation standards, and address one
or more of the following types of compliance requirements: allowed
or unallowed activities; allowable costs and cost principles;
eligibility; matching; level of effort; earmarking; and reporting.
The State Department of Education shall contract for the limited
scope audits with a certified public accountant possessing a valid
license to practice within the state or with an independent auditor.
3. On or before March 1, 2005, the State Department of Education
shall report to the appropriate subcommittees of the Assembly Budget
Committee and the Senate Budget and Fiscal Review Committee on
the following aspects of Title II of the federal Workforce Investment
Act: (a) the makeup of those adult education providers that applied
for
competitive grants under Title II and those that obtained grants, by
size, geographic location, and type (school district, community
colleges, community-based organizations, other local entities); (b)
the
extent to which participating programs were able to meet planned
performance targets; and (c) a breakdown of the types of courses
(ESL, ESL Citizenship, ABE, ASE) included in the performance
targets of participating agencies. It is the intent of the
Legislature that
the Legislature and State Department of Education utilize the
information provided pursuant to this provision to (a) evaluate
whether any changes need to be made to improve the implementation
of the accountability-based funding system under Title II and (b)
evaluate the feasibility of any future expansion of the
accountability-based funding system using state funds.
4. The State Department of Education shall continue to ensure that
outcome measures for Department of Mental Health and Department
of Developmental Services clients are set at a level where these
clients will continue to be eligible for adult education services in
the
2004-05 fiscal year and beyond to the full extent authorized under
federal law. The State Department of Education shall also consult
with the Department of Mental Health, Department of Developmental
Services, and Department of Finance for this purpose.
6110-158-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State School Fund in lieu of the amount that otherwise would be
appropriated pursuant to Section 41841.5 of the Education Code,
Program 10.50.010.002-Adults in Correctional Facilities . . .
14,596,000
Provisions:
1. Notwithstanding Section 41841.5 of the Education Code, or any
other provision of law, the amount appropriated in this item and any
amount allocated for this program in this act shall be the only funds
available for allocation by the Superintendent of Public Instruction
to
school districts or county offices of education for the Adults in
Correctional Facilities program.
2. Notwithstanding Section 41841.5 of the Education Code, or any
other provision of law, the amount appropriated in this item shall
be
allocated based upon prior-year rather than current year
expenditures.
3. Notwithstanding any other provision of law, funding distributed to
each local education agency (LEA) for reimbursement of services
provided in the 2003-04 fiscal year for the Adults in Correction
Facilities program shall be limited to the amount received by the
agency for services provided in the 2002-03 fiscal year. Funding
shall
reduced or eliminated, as appropriate, for any LEA that reduces or
eliminates services provided under this program in the 2003-04 fiscal
year, as compared to the level of services provided in the 2002-03
fiscal year. Any funds remaining as a result of those decreased
levels
of service shall be allocated to provide support for new programs in
accordance with Section 41841.8 of the Education Code.
4. Notwithstanding any other provision of law, funds appropriated by
this item for growth in average daily attendance first shall be
allocated to programs that are funded for 20 units or less of average
daily attendance, up to a maximum of 20 additional units of average
daily attendance per program.
5. Of the funds appropriated in this item, $349,000 is provided for
increases in average daily attendance at a rate of 2.50 percent. If
growth funds are insufficient, the State Department of Education may
adjust the per-pupil growth rates to conform to available funds.
Additionally, $281,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 1.96 percent.
6110-161-0001--For local assistance, Department of Education
(Proposition 98), Program 10.60-Special Education Programs for
Exceptional Children . . . 2,718,608,000
Schedule:
(1) 10.60.050.003-Special education instruction . . . 2,658,023,000
(2) 10.60.050.080-Early Education Program for Individuals with
Exceptional Needs . . . 74,980,000
(3) Reimbursements for Early Education Program, Part C . . .
-14,395,000
Provisions:
1. Funds appropriated by this item are for transfer by the Controller
to
Section A of the State School Fund, in lieu of the amount that
otherwise would be appropriated for transfer from the General Fund
in the State Treasury to Section A of the State School Fund for the
2004-05 fiscal year pursuant to Sections 14002 and 41301 of the
Education Code, for apportionment pursuant to Part 30 (commencing
with Section 56000) of the Education Code, superseding all prior
law.
2. Of the funds appropriated in Schedule (1) of this item,
$11,234,000, plus any COLA, shall be available for the purchase,
repair, and inventory maintenance of specialized books, materials,
and equipment for pupils with low-incidence disabilities, as defined
in Section 56026.5 of the Education Code.
3. Of the funds appropriated in Schedule (1) of this item,
$8,612,000,
plus any COLA, shall be available for the purposes of vocational
training and job placement for special education pupils through
Project Workability I pursuant to Article 3 (commencing with Section
56470) of Chapter 4.5 of Part 30 of the Education Code. As a
condition of receiving these funds, each local educational agency
shall
certify that the amount of nonfederal resources, exclusive of funds
received pursuant to this provision, devoted to the provision of
vocational education for special education pupils shall be maintained
at or above the level provided in the 1984-85 fiscal year. The
Superintendent of Public Instruction may waive this requirement for
local educational agencies that demonstrate that the requirement
would impose a severe hardship.
4. Of the funds appropriated in Schedule (1) of this item,
$4,492,000,
plus any COLA, shall be available for regional occupational centers
and programs that serve pupils having disabilities, and $75,614,000,
plus any COLA, shall be available for regionalized program
specialist services, $1,765,000, plus any COLA, for small special
education local plan areas (SELPAs) pursuant to Section 56836.24 of
the Education Code.
5. Of the funds appropriated in Schedule (1), $1,000,000 is provided
for extraordinary costs associated with single placements in
nonpublic, nonsectarian schools, pursuant to Section 56836.21 of the
Education Code.
6. Of the funds appropriated in Schedule (1), a total of
$155,858,000,
plus any COLA, is available to fully fund the costs of children
placed
in licensed children's institutions who attend nonpublic schools
based
on a funding formula revised pursuant to legislation that includes
pupils placed in skilled nursing facilities enacted in the 2003-04
Regular Session.
7. Of the amount appropriated in Schedule (2) of this item, $686,000,
plus any COLA, shall be available for infant program growth units
(ages birth-two years). Funds for infant units shall be allocated
pursuant to Provision 11 of this item, with the following average
number of pupils per unit:
(a) For special classes and centers--16.
(b) For resource specialist programs--24.
(c) For designated instructional services--16.
8. Notwithstanding any other provision of law, early education
programs for infants and toddlers shall be offered for 200 days.
Funds
appropriated in Schedule (2) shall be allocated by the State
Department of Education for the 2004-05 fiscal year to those
programs receiving allocations for instructional units pursuant to
Section 56432 of the Education Code for the Early Education Program
for Individuals with Exceptional Needs operated pursuant to Chapter
4.4 (commencing with Section 56425) of Part 30 of the Education
Code, based on computing 200-day entitlements. Notwithstanding any
other provision of law, funds in Schedule (2) shall be used only for
the purposes specified in Provisions 10 and 11 of this item.
9. Notwithstanding any other provision of law, state funds
appropriated in Schedule (2) of this item in excess of the amount
necessary to fund the deficited entitlements pursuant to Section
56432
of the Education Code and Provision 10 of this item shall be
available
for allocation by the State Department of Education to local
educational agencies for the operation of programs serving solely
low-incidence infants and toddlers pursuant to Title 14 (commencing
with Section 95000) of the Government Code. These funds shall be
allocated to each local educational agency for each solely
low-incidence child through age two in excess of the number of solely
low-incidence children through age two served by the local
educational agency during the 1992-93 fiscal year and reported on the
April 1993 pupil count. These funds shall only be allocated if the
amount of reimbursement received from the State Department of
Developmental Services is insufficient to fully fund the costs of
operating the Early Intervention Program, as authorized by Title 14
(commencing with Section 95000) of the Government Code.
10. The State Department of Education, through coordination with the
SELPAs, shall ensure local interagency coordination and
collaboration in the provision of early intervention services,
including
local training activities, child-find activities, public awareness,
and
the family resource center activities.
11. Funds appropriated in this item, unless otherwise specified, are
available for the sole purpose of funding 2004-05 special education
program costs and shall not be used to fund any prior year
adjustments, claims or costs.
12. Of the amount provided in Schedule (1), $158,000, plus any
COLA, shall be available to fully fund the declining enrollment of
necessary small SELPAs pursuant to Chapter 551 of the Statutes of
2001 (AB 303).
14. Of the funds appropriated in Schedule (1), up to $1,000,000 may
be used to fund licensed children's institution growth pursuant to
Section 56836.18 of the Education Code.
15. Pursuant to Section 56427 of the Education Code, of the funds
appropriated in Schedule (1) of this item, up to $2,324,000 may be
used to provide funding for infant programs, and may be used for
those programs that do not qualify for funding pursuant to Section
56432 of the Education Code.
16. Of the funds appropriated in Schedule (1) of this item,
$29,475,000 shall be allocated to local education agencies for the
purposes of Project Workability I.
17. Of the funds appropriated in Schedule (1) of this item,
$1,700,000
shall be used to provide specialized services to pupils with
low-incidence disabilities, as defined in Section 56026.5 of the
Education Code.
18. Of the funds appropriated in Schedule (1) of this item, up to
$1,117,000 shall be used for a personnel development program. This
program shall include state-sponsored staff development, local
in-service components, bilingual, student study team, and core
curriculum components.
20. Of the amount specified in Schedule (1) of this item, $31,000,000
shall be used to provide mental health services required by an
individual education plan pursuant to the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and pursuant
to legislation enacted in the 2003-04 Regular Session that clarifies
the
manner in which the services are to be provided.
19. Of the funds appropriated in Schedule (1) of this item, up to
$200,000 shall be used for research and training in cross-cultural
assessments.
6110-161-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund, Program 10.60-Special
Education Programs for Exceptional Children . . . 1,091,674,000
Schedule:
(1) 10.60.050.012-Local Agency Entitlements, IDEA Special
Education . . . 937,195,000
(2) 10.60.050.013-State Agency Entitlements, IDEA Special
Education . . . 1,791,000
(3) 10.60.050.015-IDEA, Local Entitlements, Preschool Program . . .
34,792,000
(4) 10.60.050.021-IDEA, Capacity Building, Special Education . . .
72,857,000
(5) 10.60.050.030-P.L. 99-457, Preschool Grant Program . . .
39,767,000
(6) 10.60.050.031-IDEA, State Improvement Grant, Special
Education . . . 1,840,000
(7) 10.60.050.032-IDEA, Family Empowerment Centers . . .
3,432,000
Provisions:
1. If the funds for Part B of the federal Individuals with
Disabilities
Education Act that are actually received by the state exceed
$1,073,400,000, at least 95 percent of the funds received in excess
of
that amount shall be allocated for local entitlements and to state
agencies with approved local plans. Up to five percent of the amount
received in excess of $1,073,400,000 may be used for state
administrative expenses upon approval of the Department of Finance.
If the funds for Part B of the federal Individuals with Disabilities
Education Act that are actually received by the state are less than
$1,073,400,000, the reduction shall be taken in capacity building.
2. The funds appropriated in Schedule (2) shall be distributed to
state-operated programs serving disabled children from 3 to 21 years
of age, inclusive. In accordance with federal law, the funds
appropriated in Schedules (1) and (2) shall be distributed to local
and
state agencies on the basis of the federal Individuals with
Disabilities
Education Act permanent formula.
3. Of the funds appropriated in Schedule (4) of this item, $2,500,000
shall be allocated directly to special education local plan areas for
a
personnel development program. The local in-service programs shall
include a parent training component and may include a staff training
component. Use of these funds shall be described in the local plans.
These funds may be used to provide training in alternative dispute
resolution and the local mediation of disputes. All programs are to
include evaluation components.
4. Of the funds appropriated in Schedule (4) of this item, up to
$300,000 shall be used to develop and test procedures, materials, and
training for alternative dispute resolution in special education.
5. Of the funds appropriated by Schedule (5) for the Preschool Grant
Program, $1,228,000 shall be used for in-service training and shall
include a parent training component and may, in addition, include a
staff training program. These funds may be used to provide training
in
alternative dispute resolution and the local mediation of disputes.
This
program shall include state-sponsored and local components.
6. Of the funds appropriated in this item, $1,420,000 is available
for
local assistance grants for the Quality Assurance and Focused
Monitoring Pilot Program to monitor local education agency
compliance with state and federal laws and regulations governing
special education. This funding level is to be used to continue the
facilitated reviews and, to the extent consistent with the key
performance indicators developed by the State Department of
Education, these activities focus on local education agencies
identified by the United States De partment of Education's Office of
Special Education Programs.
7. The funds appropriated in Schedule (7) shall be used for the
purposes of establishing Family Empowerment Centers on
Disabilities pursuant to Chapter 690, Statutes of 2001.
8. Notwithstanding the notification requirements listed in Section
26.00 (d) of this act, the Department of Finance is authorized to
approve intraschedule transfers of funds within this item submitted
by
the State Department of Education for the purposes of ensuring that
special education funding provided in this item is appropriated in
accordance with the statutory funding formula required by federal
IDEA and the special education funding formula required pursuant to
Chapter 7.2 (commencing with Section 56836) of Part 30 of Division
4 of Title 2 of the Education Code, without waiting 30 days, but
shall
provide a notice to the Legislature each time a transfer occurs.
9. Of the funds appropriated in Schedule (2) of this item, $250,000
shall be provided to districts for interpreter instruction, training,
and
certification. This funding shall be annually renewable for two
years.
10. Pursuant to legislation enacted in the 2003-04 Regular Session,
of
the funds appropriated in Schedule (4) of this item, $69,000,000
shall
be used exclusively to support mental health services provided during
the 2004-05 fiscal year by county mental health agencies pursuant to
Chapter 26.5 (commencing with Section 7570) of Division 7 of the
Government Code and that are included within an individualized
education program pursuant to the Federal Individuals with
Disabilities Education Act (IDEA).
11. Of the funds appropriated in Schedule (7) of this item, $700,000
shall be used to establish four additional centers.
6110-164-0001--For local assistance, Department of Education
(Proposition 98), for purposes of funding School-to-Career
Partnerships, pursuant to Chapter 17 (commencing with Section
53080) of Part 28 of the Education Code . . . 1,700,000
Provisions:
1. For purposes of the local school-to-career partnership grants,
local
educational agencies may elect to contract with nonprofit or private
entities for providing service delivery. Funds appropriated in this
item shall be used to match cash or in-kind contributions raised by
local educational agencies, or nonprofit or private entities
contracted
by local educational agencies, for School-to-Career Partnerships.
Funds may not be disbursed from this appropriation until the
requesting local educational agency or contracting nonprofit entity
or
private entity has demonstrated to the Interagency Partnership for
School-to-Career Programs that it has raised those matching funds
from nonprofit and private entities equal to or exceeding the state
contribution.
6110-166-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.70.070-Vocational Education, for the purpose of Article 5
(commencing with Section 54690) of Chapter 9 of Part 29 of the
Education Code, Partnership Academies Program . . . 22,999,000
Provisions:
1. If there are any funds in this item that are not allocated for
planning
or operational grants, the State Department of Education may allocate
those remaining funds as one-time grants to state-funded partnership
academies to be used for one-time purposes.
6110-166-0890--For local assistance, Department of Education,
Program 10.70-Vocational Education, payable from the Federal Trust
Fund . . . 136,651,000
Provisions:
1. The funds appropriated in this item include Federal Vocational
Education Act funds for the 2004-05 fiscal year to be transferred to
the community colleges by means of interagency agreements for the
purpose of funding vocational education programs in community
colleges.
2. The State Board of Education and the Board of Governors of the
California Community Colleges shall target funds appropriated by this
item to provide services to persons participating in welfare-to-work
activities under the CalWORKs program.
3. The Superintendent of Public Instruction shall report, not later
than
February 1 of each year, to the Joint Legislative Budget Committee
and the Director of Finance, describing the amount of carryover funds
from this item, reasons for the carryover, and plans to reduce the
amount of carryover.
6110-167-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.70-Agricultural Vocational Educational Incentive
Program established pursuant to Article 7.5 (commencing with
Section 52460) of Chapter 9 of Part 28 of the Education Code . . .
4,475,000
Provisions:
1. As a condition of receiving funds appropriated in this item, a
school district shall certify to the Superintendent of Public
Instruction
both of the following:
(a) Agricultural Vocational Education Incentive Program funds shall
be expended for the items identified in its application, except that,
in
items of expenditure classification 4000, only the total cost of
expenses shall be required and itemization shall not be required.
(b) The school district shall provide at least 50 percent of the cost
of
the items and costs from expenditure classification 4000, as
identified
in its application, from other funding sources. Nothing in this
provision shall be construed to limit the authority of the
Superintendent of Public Instruction to waive the local matching
requirement established by subdivision (b) of Section 52461.5 of the
Education Code.
2. Of the funds appropriated in this item, $41,000 is provided for
increases in average daily attendance at a rate of 0.95 percent.
Additionally, $105,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 2.41 percent.
6110-180-0890--For local assistance, Department of Education,
Program 20.10.025-Educational Technology, payable from the
Federal Trust Fund . . . 91,141,000
Provisions:
1. Of the funds appropriated in this item, $44,373,000 is for
allocation
to school districts that are awarded formula grants pursuant to the
federal Enhancing Education Through Technology Grant Program.
2. Of the funds appropriated in this item, $44,372,000 is available
for
competitive grants pursuant to Chapter 8.9 (commencing with Section
52295.10) of Part 28 of Division 3 of the Education Code and the
requirements of the federal Enhancing Education Through Technology
Grant Program--including the eligibility criteria established in
federal
law to target local education agencies with high numbers or
percentages of children from families with incomes below the poverty
line and one or more schools either qualifying for federal School
Improvement or demonstrating substantial technology needs. Under no
circumstances shall the legislation designate specific local
education
agencies as subgrant recipients.
3. Of the funds appropriated in this item, $2,096,000 is available
for
the California Technology Assistance Project (CTAP) to provide
federally required technical assistance and to help districts apply
for
and take full advantage of the federal Enhancing Education Through
Technology grants.
4. Of the funds appropriated in this item, $300,000 is available for
the
Technology Information Center for Administrative Leadership to
assist districts and site administrators in improving the use of
technology in teaching, learning, and school administration.
6110-181-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund
Program 20.10.025-Educational Technology programs funded
pursuant to Article 15 (commencing with Section 51870) of Chapter 5
of Part 28 and Chapter 3.34 (commencing with Section 44730) of Part
25 of the Education Code . . . 15,311,000
Provisions:
1. Of the funds appropriated in this item, $141,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a rate of 0.95 percent. If growth funds are insufficient, the
State
Department of Education may adjust the per-pupil growth rates to
conform to available funds.
2. Of the funds appropriated in this item, $360,000 is for the
purpose
of providing a cost-of-living adjustment (COLA) at a rate or 2.41
percent.
6110-181-0140--For local assistance, Department of Education,
payable from the California Environmental License Plate Fund . . .
360,000
Schedule:
(1) Program 20.10.055-Environmental Education . . . 548,000
(2) Reimbursements . . . -188,000
6110-182-0001--For local assistance, Department of Education
(Proposition 98), Program 20.20-Instructional Materials Management
and Distribution . . . 21,025,000
Provisions:
1. The State Department of Education shall provide a grant to a lead
county office of education selected on a competitive basis to
implement K-12 Internet connectivity to provide high-speed Internet
connectivity and network infrastructure for local education agencies.
If an audit is not approved by August 31, 2004, by the Joint
Legislative Audit Committee, up to $300,000 of the total funding
provided in this item shall be used by the lead agency to contract
with
an independent consultant selected by the lead county office using
competitive procurements in consultation with the Department of
Finance and the Legislative Analyst's Office. These independent
consultants shall report to the fiscal and policy committees of the
Legislature and to the Department of Finance by March 1, 2005, on the
following: (a) a financial audit of the K-20 Internet system
currently
administered by Corporation for Education Network Initiatives in
California, including the components serving the higher education
segments, including an assessment as to the relative shares of cost
borne by the various user groups and alternative ways of assessing
the
costs in a fair manner, a detailed budget for the 2004-05 fiscal
year,
and detailed expenditure information on the Digital California
Project
since its inception. The audit shall identify any multi-year
commitments that exist and any assets owned by the state, or any
other
public agency, or any nonprofit corporation in connection with the
Digital California Project, (b) long-term projections of likely types
of
use and impacts on capacity usage and future costs, (c)
cost-versus-benefit analyses of current common K-12 uses including
both academic and administrative uses, which shall include an
estimate of the cost to provide the current service level through
private vendors, (d) identification of problems, and (e)
recommendations for addressing these problems.
2. The lead agency shall be selected based on its ability to
appropriately disburse the funds provided in this item to maintain
and
enhance Internet connectivity for school districts and county offices
of
education and arrange for and participate in the audits and studies
required in Provisions 1 and 2 of this item and shall be provided 85
percent of the amount in this item by the Department of Education,
after deducting $300,000, within 90 days of the enactment of the
budget. The Department of Finance shall authorize the Department of
Education to the release of the remainder of the funds in this item
to
the lead agency upon verifying that the lead agency has submitted the
following report to the fiscal and policy committees of the
Legislature, the Department of Finance, and the State Department of
Education. The Department of Education shall not hold back, reserve,
or delay payment of any funding for this program except as provided
in this provision. The status report shall be developed by the lead
agency in consultation with the Department of Finance and the
Legislative Analyst's Office and shall include, but not be limited
to,
the following information: (a) project accomplishments to date, (b)
project activities underway or planned for the 2004-05 fiscal year,
(c)
proposed activities, including a three-year budget plan assuming
current service levels, (d) the cost-effectiveness of connecting
schools
not currently connected as compared to other alternatives, (e) annual
revenues from all sources for this project (including General Fund,
E-rate, California Teleconnect fund, and other revenues), (f)
expenditures to date in support of these projects (including all
costs
for the lead agency such as personnel, contracts, circuits, hardware,
and software), (g) an estimate of the annual savings to local
education
agencies as a result of the project, and (h) information regarding
any
multi-year commitments that exist and any assets owned by the state
or
any other public agency in connection with the Digital California
Project. In the report, the lead agency also shall include
descriptions
of actions taken to address problems identified.
3. It is the intent of the Legislature that, commencing with the
2005-06
fiscal year, the funding for this program shall be governed by
statute,
which will provide that the program shall be overseen by a
governance structure that accomplishes goals that include, but are
not
limited to, the following: (a) development of a long-term information
technology, implementation, and business plan for this project,
including an analysis of the benefits and risks of integrating other
statewide programs with this system, (b) ongoing cost oversight of
the
project, including mechanisms to control statewide costs and
exposure, and (c) ongoing technical oversight of the project,
including
external evaluation and independent validation and verification,
where appropriate.
6110-183-0890--For local assistance, Department of Education,
Instructional Support--Safe and Drug Free Schools and Communities
Act of 1994 (Public Law 103-382), payable from the Federal Trust
Fund . . . 52,939,000
Schedule:
(1) 20.10.045-Health and Physical Education, Drug Free Schools . . .
52,939,000
Provisions:
1. Local education agencies shall give priority in the expenditure of
the funds appropriated by this item to create comprehensive drug and
violence prevention programs that promote school safety, reduce the
use of drugs, and create learning environments that are free of
alcohol
and guns and that support academic achievement for all pupils. In
addition to preventing drug and alcohol use, prevention programs will
respond to the crisis of violence in our schools by addressing the
need
to prevent serious crime, violence, and discipline problems. The
Superintendent of Public Instruction shall (a) notify local education
agencies of this policy, and (b) incorporate the policy into the
department's compliance review procedures.
2. Of the funds appropriated in this item, $1,526,000 is available
for
one-time grants for drug and violence prevention and intervention
services.
6110-187-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
for a cost-of-living increase to be transferred to, in lieu of the
amount
that otherwise would be provided pursuant to statute, and in
augmentation of, the respective appropriation by the Controller upon
enactment in accordance with the following . . . 787,000
Schedule:
(1) 10.10.011.005-School Apportionments, Continuation Schools
(Section 42243.7 of the Education Code) . . . 787,000
Provisions:
1. (a) Notwithstanding any other provision of law, the funds
appropriated in Schedule (1) of this item for school apportionments
to
continuation schools shall be allocated on a dollar amount basis
rather
than as a percentage increase, and shall be allocated to any school
district that operated a continuation high school in the 2003-04
fiscal
year, without regard to whether that district's program commenced on,
after, or prior to July 1, 1978. The amount allocated to each school
district shall be equal to the total amount appropriated by Schedule
(1) of this item, divided by the total number of units of
continuation
high school average daily attendance (ADA) for the state at the
second
principal apportionment for the 2003-04 fiscal year, multiplied by
the
units of that ADA reported by the district for the second principal
apportionment for the 2003-04 fiscal year.
(b) The total amount allocated pursuant to subdivision (a) of this
provision shall not exceed the total amount of the funds appropriated
in Schedule (1) of this item.
6110-188-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-School Apportionments Deferred
Maintenance, for transfer to the State School Deferred Maintenance
Fund . . . 237,802,000
Provisions:
1. The funds appropriated in this item shall be transferred to the
State
School Deferred Maintenance Fund and are available for funding
applications received by the Department of General Services, Office
of Public School Construction for the purpose of payments to school
districts for deferred maintenance projects pursuant to Section 17584
of the Education Code.
6110-189-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Instructional Materials Fund . . .
363,000,000
Schedule:
(1) 20.20.020.005-Instructional Materials Block Grant . . .
363,000,000
Provisions:
1. The funds in this item shall be allocated to school districts to
purchase standards aligned instructional materials, pursuant to
Chapter 802 of the Statutes of 2002.
2. (a) Of the funds appropriated in this item, $30,000,000 shall be
available on a one-time basis to provide supplemental instructional
materials specifically for English language learners in Kindergarten
and grades 1 to 12, inclusive. The purpose of these materials will be
to accelerate pupils as rapidly as possible towards grade level
proficiency. These funds shall be available for encumbrance by local
education agencies until June 30, 2006. The funds shall be used to
purchase supplemental materials that are designed to help English
language learners become proficient in reading, writing, and speaking
English. These materials may only be used in addition to the
standards-aligned materials adopted by the State Board of Education
pursuant to Section 60605 of the Education Code.
(b) Local education agencies shall be eligible for apportionment
funding of up to $25 per pupil, based on the most recently certified
language census number of English language learners in Kindergarten
and grades 1 to 12, inclusive, to purchase any materials that the
State
Department of Education verifies and the State Board of Education
approves are substantially correlated to identified state standards
adopted pursuant to Section 60811 of the Education Code, as applied
in the standards adopted pursuant to Section 60605 of the Education
Code. Funding may be provided only for the number of pupils that the
local education agency certifies it will purchase materials for
pursuant to subdivision (e). Local education agencies may expend no
more than $30 per pupil from these funds for these materials. Local
education agencies shall return to the state any funds allocated
under
this subdivision that are not expended for purchase of materials
pursuant to this provision.
(c) The department shall develop a correlation matrix that shall be
used to determine if the instructional materials correlate to the
standards adopted by the State Board of Education. The contents of
the matrix will be divided into the English language development
levels of proficiency (for example, beginning, advanced) and indicate
how the English lan- guage development standards will be used to
provide a path to obtaining grade level skills in reading, writing,
and
speaking. The department, with input from the State Board of
Education, shall assign individuals with demonstrated expertise in
English language development and the education of English language
learners to the task of developing the correlation matrix. The
department shall not assign the development of the correlation matrix
to the Curriculum Development and Supplemental Materials
Commission established pursuant to Section 33530 of the Education
Code.
(d) Prior to submission of materials to the department for
verification
that the materials correlate to identified standards, publishers
shall be
required to submit standards maps to the department and any
requesting local education agency so that the department and the
local
education agency can determine the extent to which each item, if
purchased separately, or set of instructional materials for English
language learners are correlated to the standards adopted by the
State
Board of Education. The standards maps shall be filled out using the
most recent format approved by the State Board of Education. The
contents for the standards map will be the correlation matrix as
described in subdivision (c).
(e) As a condition of receipt of funds, local education agencies that
elect to participate shall do both of the following: (1) no later
than
March 31, 2005, submit an intent to purchase, specifying the title,
ISBN number, grade levels, type, and publisher of the materials they
intend to purchase, and the number of pupils for which materials will
be purchased; and (2) certify that materials they intend to purchase
are
substantially correlated to support the identified state standards
and
adopted materials, and shall submit this certification to the
department.
(f) After a local education agency notifies the department that it
intends to purchase materials, the department may select and train
panels of teachers and educators to verify the standards maps
provided by the publishers and examine the materials for legal and
social compliance. The department will also provide an appeals
process to allow due process review of discrepancies of findings in
the verification process. The department's verification shall not
constitute a state adoption of instructional materials pursuant to
Section 60200 of the Education Code. The department shall give first
priority in verifying correlation to identified state standards to
those
materials that are most commonly cited in districts' intents to
purchase
provided under subdivision (e). The department shall submit its
verification results to the State Board of Education for approval and
the State Board of Education shall approve or disapprove the
materials at the next regularly scheduled meeting after receipt of
the
department's verification, in accordance with public notification
requirements.
6110-190-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-School Apportionments, Community
Day Schools . . . 40,502,000
Provisions:
1. The funds appropriated in this item are for transfer to Section A
of
the State School Fund to reimburse costs incurred pursuant to Chapter
974 of the Statutes of 1995 as amended by Chapter 847 of the Statutes
of 1998.
2. Funds appropriated in this item shall not be available for the
purposes of Section 41972 of the Education Code.
3. Of the funds appropriated in this item, $669,000 is for the
purpose
of providing a cost-of-living adjustment (COLA) at a rate of 2.41
percent to community day schools in lieu of the amount that would
otherwise be provided pursuant to subdivision (b) of Section 42238.1
of the Education Code.
4. An additional $4,558,000 in expenditures for this item has been
deferred until the 2005-06 fiscal year.
6110-191-0001--For local assistance, State Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60.050.002-Beginning Teacher Support and Assessment
Program . . . 80,892,000
Provisions:
1. The funds appropriated in this item are for direct disbursement by
the State Department of Education for the Beginning Teacher Support
and Assessment System, as set forth in Article 4.5 (commencing with
Section 44279.1) of Chapter 2 of Part 25 of the Education Code.
These funds shall be expended only after development of a program
and expenditure plan by the State Department of Education, and
approval of the plan by the Department of Finance.
2. Funds appropriated in this item are for the purpose of providing
grants to support 22,000 teachers throughout local Beginning Teacher
Support and Assessment Programs.
4. It is the intent of the Legislature that first-year holders of
preliminary teaching credentials, as defined in subdivision (b) of
Section 44259 of the Education Code, be afforded first priority for
funding appropriated in this item. To the extent that any funds
appropriated in this item remain after all first-year holders of
preliminary teaching credentials have been served, those funds may be
used to serve second-year holders of preliminary teaching
credentials.
5. If funds are insufficient to service all second-year holders of
preliminary teaching credentials, the State Department of Education
shall prorate the funds to conform to the amount remaining in this
item, consistent with Provision 4 of this item.
6. Of the funds appropriated in this item, $1,825,000 is provided for
a
cost-of-living adjustment at a rate of 2.41 percent, for a total per
participant grant level of $3,526.
6110-193-0001--For local assistance, State Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60-Staff Development . . . 28,237,000
Schedule:
(1) 20.60.070-Bilingual Teacher Training Assistance Program . . .
1,859,000
(2) 20.60.060-Instructional Support: Teacher Peer Review . . .
26,029,000
(3) 20.60.110-Instructional Support: Improving School Effectiveness-
Reader Services for Blind Teachers . . . 349,000
Provisions:
1. The funds appropriated in this item are for transfer by the
Controller to Section A of the State School Fund, for allocation by
the
Superintendent of Public Instruction to school districts, county
offices
of education, and other educational agencies for purposes of the
Proposition 98 programs funded in this item, in lieu of the amounts
otherwise provided for those programs by statute.
2. Notwithstanding any other provision of law, the amount
appropriated in Schedule (1) shall be the maximum amount allocated
for the purposes of the Bilingual Teacher Training Assistance
Program established by Article 4 (commencing with Section 52180)
of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education
Code.
2.5 Of the funds appropriated in Schedule (1) of this item, $17,000
is
provided for increases in average daily attendance at a rate of 0.95
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rates to conform to
available funds. Additionally, $44,000 is for the purpose of
providing
a cost-of-living adjustment at a rate of 2.41 percent.
3. The funds appropriated in Schedule (2) shall be allocated in
accordance with Article 4.5 (commencing with Section 44500) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code.
Funds appropriated in Schedule (2) include $239,000 for the purpose
of making adjustments for increases in average daily attendance at a
rate of 0.95 percent. If growth funds are insufficient, the State
Department of Education may adjust the per-pupil growth rates to
conform to available funds. Additionally, $613,000 is for the purpose
of providing a cost-of-living adjustment at a rate of 2.41 percent.
4. Notwithstanding any other provision of law, the amount
appropriated in Schedule (3) shall be the maximum amount allocated
for the purposes of the Reader Services for Blind Teachers, for
transfer to the Reader Employment Fund established by Section 45371
of the Education Code for the purposes of Section 44925 of the
Education Code.
5. Of the funds appropriated in Schedule (3) of this item, $3,000 is
provided for increases in average daily attendance at a rate of 0.95
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rates to conform to
available funds. Additionally, $8,000 is for the purpose of providing
a cost-of-living adjustment at a rate of 2.41 percent.
6110-193-0890--For local assistance, Department of Education,
Program 20.60-Instructional Support, Title II, Part B of the
Elementary and Secondary Education Act (Mathematics and Science
Partnership Grants) payable from the Federal Trust Fund . . .
20,279,000
6110-195-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60.140-Staff Development: Teacher
improvement, Teacher Incentives National Board Certification . . .
7,535,000
Provisions:
1. The funds appropriated in this item shall be for the purpose of
providing incentive grants to teachers with certification by the
National Board for Professional Teaching Standards that are teaching
in low-performing schools pursuant to Article 13 (commencing with
Section 44395) of Chapter 2 of Part 25 of the Education Code.
6110-195-0890--For local assistance, Department of Education,
Program 20.60-Instructional Support, Title II, Part A of the
Elementary and Secondary Education Act (Teacher and Principal
Training and Recruiting Fund), payable from the Federal Trust Fund .
. . 330,286,000
Schedule:
(1) 20.60.280-Improving Teacher Quality Local Grants . . .
324,382,000
(2) 20.60.270-Principal Training Program . . . 1,554,000
(3) 20.60.190.300-California Subject Matter Projects . . . 4,350,000
Provisions:
1. The funds appropriated in Schedule (2) of this item shall be for
the
Principal Training Program authorized pursuant to Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25 of the
Education Code.
2. The funds appropriated in Schedule (3) of this item shall be for
transfer to the University of California, which shall use the funds
for
the Science Subject Matter Projects.
3. Of the funds appropriated in Schedule (1) of this item, $197,000
in
one-time carryover funds shall be for transfer to the Commission on
Teacher Credentialing through an interagency agreement for the
completion of data collection and evaluation related to the
effectiveness of professional development programs.
6110-196-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State School Fund, for allocation by the Superintendent of Public
Instruction to school districts, county offices of education, and
other
agencies for the purposes of Proposition 98 educational programs
funded in this item, in lieu of the amount that otherwise would be
appropriated pursuant to any other statute . . . 1,097,357,000
Schedule:
(1) 30.10.010-Special Program, Child Development, Preschool
Education . . . 313,883,000
(1.5) 30.10.020-Child Care Services . . . 1,612,656,000
(a) 30.10.020.001- Special Program, Child Development, General
Child Development Programs . . . 590,703,000
(b) 30.10.020.002-Special Program, Child Development, Community
College Match--Required Center . . . 3,173,000
(c) 30.10.020.004-Special Program, Child Development, Migrant Day
Care . . . 32,516,000
(d) 30.10.020.007-Special Program, Child Development, Alternative
Payment Program . . . 173,090,000
(e) 30.10.020.011-Special Program, Child Development, Alternative
Payment Pro- gram--Stage 2 . . . 356,955,000
(f) 30.10.020.012-Special Program, Child Development, Alternative
Payment Pro- gram--Stage 3 Setaside . . . 331,347,000
(g) 30.10.020.008-Special Program, Child Development, Resource
and Referral . . . 16,448,000
(h) 30.10.020.009-Special Program, Child Development, Campus
Child Care Tax Bailout . . . 5,784,000
(i) 30.10.020.015-Special Program, Child Development, Extended
Day Care . . . 25,837,000
(j) 30.10.020.096-Special Program, Child Development, Allowance
for Handi- capped . . . 1,559,000
(k) 30.10.020.106-Spe- cial Program, Child Development, California
Child Care Initiative . . . 250,000
(l) 30.10.020.901-Special Program, Child Development, Quality
Improvement . . . 69,379,000
(m) 30.10.020.920-Special Program, Child Development, Local
Planning Councils . . . 5,615,000
(3) 30.10.020.908-Special Program, Child Development,
Cost-of-Living Adjustments . . . 29,473,000
(4) 30.10.020.909-Special Program, Child Development, Growth
Adjustments . . . 15,804,000
(5) Amount payable from the Federal Trust Fund (Item
6110-1960890) . . . -874,459,000
Provisions:
1. Notwithstanding Section 8278 of the Education Code, funds
available for expenditure pursuant to Section 8278 of the Education
Code shall be ex-pended in the 2004-05 fiscal year pursuant to the
following schedule:
(a) $4,000,000 or whatever lesser or greater amount is necessary for
accounts payable pursuant to paragraph (1) of subdivision (b) of
Section 8278 of the Education Code.
(b) $101,015,000 shall be available for CalWORKs Stage 2 child
care.
(e) The Controller shall establish an account entitled Section 8278
Expenditures in 2003 in Item 6110-196-0001, Program 30.10.060.
Any unexpended General Fund balances as of June 30, 2004, or
subsequent abatements, from those amounts listed in Schedules (1),
(1.5)(a), (1.5)(b), (1.5)(c), (1.5)(d), (1.5)(g), (1.5)(h), (1.5)(i),
(1.5)(j), (1.5)(k), (1.5)(l), and (1.5)(m) of this item, that are
available
pursuant to Section 8278 of the Education Code, shall be transferred
to the account for the purpose of making expenditures pursuant to
that
section and as specified in this provision.
2. The State Department of Education shall report to the Joint
Legislative Budget Committee and the Department of Finance, by
March 31, 2005, the amount of child development funds, by program,
that have been determined after audit to be unearned. The report
shall
include the settlement of claims payable by program from unearned
contract fund balances. This provision includes both Federal Fund and
General Fund contracts.
4. (a) Notwithstanding any other provision of law, alternative
payment
child care programs shall be subject to the rate ceilings established
in
the Regional Market Rate Survey of California child care and
development providers for provider payments. The SDE shall utilize
a federal fund contract, to be awarded through a competitive bid
process, to conduct a market rate survey. A summary report and
analyses of changes in mean and ceiling rates, adjustment factors,
and
region rates shall be forwarded to the Department of Finance along
with the mean and ceiling rates. The contract shall also provide
resources sufficient for the contractor to respond to requests for
related information by the Department of Finance. Any changes to the
market rate limits, adjustment factors or regions are subject to the
approval process for child care contract funding terms and
conditions
as specified in Section 8447 of the Education Code. When approved,
those changes shall be utilized by the SDE and DSS in various
programs under the jurisdiction of both departments to determine
limits of reimbursement to providers.
(b) Notwithstanding any other provision of law, the funds
appropriated in this item for the cost of child care services
provided
through alternative payment or voucher programs including those
provided under Article 3 (commencing with Section 8220) and
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6
of the Education Code shall be used only to reimburse child care
costs
up to the 85th percentile of the rates charged by providers offering
the
same type of child care for the same age child in that region.
5. The funds appropriated in this item for campus child care tax
bailout shall be allocated by the State Department of Education based
on a schedule provided by the Chancellor of the California
Community Colleges. The chancellor shall schedule the allocation of
these funds to community college districts that levied child care
permissive override taxes in the 1977-78 fiscal year pursuant to
Sections 8329 and 8330 of the Education Code in an amount equal to
the property tax revenues, tax relief subventions, and state aid
required to be made available by the district to its child care and
development program for the 1979-80 fiscal year pursuant to Section
30 of Chapter 1035 of the Statutes of 1979, increased by any
cost-of-living increases granted in subsequent fiscal years. These
funds shall be used only for the purpose of community college child
care and development programs.
6. Notwithstanding any provision of law, higher educational
institutions may establish and maintain child development programs
on or near their respective campuses with priority for services given
to children of students of that campus. Those higher educational
institutions under contract with the State Department of Education
for
child care and development services shall be subject to the rules and
regulations adopted by the Superintendent of Public Instruction,
except
where those rules and regulations differ with respect to the
conditions
specified for the commu nity colleges in Provision 14 of Item
6870-101-0001.
7. Funds in Schedule (1.5) (1) of this item, shall be reserved for
activities to improve the quality and availability of child care,
pursuant to the following:
(a) $2,067,000 is for the schoolage care and resource and referral
earmark.
(b) $11,656,000 is for the infant and toddler earmark and shall be
used for increasing the supply of quality child care for infants and
toddlers. Notwithstanding any other provision of law, expenditure
plans and contract provisions for awarding these funds shall give
high, but not exclusive, priority to the development of new family
day
care home providers, especially those who offer care during
nontraditional hours such as weekends, evenings, and nights and who
offer care for special needs children.
(c) $9,044,000 in one-time federal funding is available to continue
dissemination and training efforts for the Pre-Kindergarten
guidelines
and curriculum, health and safety training, and other programs to
improve the quality of care provided by licensed and license-exempt
providers. It is intended that these expenditures also be available
for
activities related to the development and implementation of quality
standards established for
individuals receiving reimbursements through voucher programs.
Notwithstanding any other provision of law, these funds shall be
available for expenditure until June 30, 2006.
(d) From the remaining funds, the following amounts shall be
allocated for the following purposes: $4,000,000 to train former
CalWORKs recipients as child care teachers; $2,700,000 for
contracting with the Department of Social Services for increased
inspections of child care facilities; $1,200,000 for Trustline
registration workload (Chapter 3.35 (commencing with Section
1596.60) of Division 2 of the Health and Safety Code); $500,000 for
health and safety training for licensed and exempt child care
providers; $320,000 for the Child Development Training Consortium;
$300,000 for the Health Hotline; and $300,000 to implement a
technical assistance program to child care providers in accessing
financing for renovation, expansion, and/or construction of child
care
facilities.
(e) The State Department of Education shall allocate $425,000 to
preschool education projects, including, but not limited to, those
operated by the public television stations in Redding, Sacramento,
San Francisco, San Jose, Los Angeles, Fresno, and San Diego. Of this
amount, the department shall allocate up to $320,000 to public
television stations in Redding, Sacramento, San Francisco, San Jose,
and Los Angeles, based upon the satisfaction by the projects operated
by the public television stations in each of those cities of all of
the
following criteria: (1) the 30
percent minimum match; (2) a plan that identifies the providers to
be
trained; (3) number of trainers to be trained; (4) the quality of the
training offered; (5) linkages to the child care community; and (6)
cost-effectiveness. The balance of the $425,000 identified in this
subdivision shall be made available to support projects in Fresno and
San Diego, based upon the determination by the State Department of
Education of the satisfaction by the projects operated by the public
television station in each of those cities of the criteria set forth
in (1)
to (6), inclusive, of this subdivision.
(f) $30,000 shall be made available for a preschool public television
project in Eureka.
(g) As required by federal law, the State Department of Education
shall develop an expenditure plan that sets forth the final
priorities
and the reasons therefor if the final priorities are different from
those
approved in response to the reporting requirement contained in
Provision 7(g) of Item 6110-196-0001 of Section 2.00 of the Budget
Act of 2002 (Ch. 379, Stats. 2002). This plan shall be submitted to
the
Department of Finance by January 1, 2005, and funds shall not be
encumbered prior to approval of the plan by the Department of
Finance. The State Department of Education shall coordinate with the
Department of Social Services, the California Children and Families
State Commission, and other applicable entities to identify annual
statewide expenditures for quality enhancements which qualify for
meeting federal requirements, and shall reference these expenditures
in its biennial federal quality plans or any subsequent amendments.
(h) The department shall establish expenditure priorities for the
2005-06 fiscal year that set forth the proposed state and local
activities to improve child care, including the reasons therefor, to
be
undertaken in the 2005-06 fiscal year. This plan shall be submitted
in
a format developed in consultation with the Department of Finance
and shall be submitted to the Department of Finance and to the fiscal
committees of both houses of the Legislature at least 30 days prior
to
the commencement of public hearings on the proposed plan and no
later than March 1, 2005.
(i) $15,000,000 from the General Fund shall be for child care worker
recruitment and retention programs as specified by Chapter 547 of the
Statutes of 2000.
8. (a) The department shall maintain an improved allocation,
contracting, and reimbursement system for CalWORKs Stage 2 and
Stage 3 Setaside funding to ensure funds are distributed in
proportion
to statewide needs. These needs shall recognize attrition experience
and family fees collected at the local level which shall be counted
toward the funding available to meet those needs. The department
shall conduct monthly analyses of caseloads and expenditures and
adjust agency contract maximum reimbursement amounts and
allocations as necessary to ensure funds are distributed proportional
to need. The department shall share monthly caseload analyses with
the Department of Social Services
(DSS).
(b) The department shall provide quarterly reports on the sufficiency
of funding for Stage 2 and Stage 3 Setaside to the Department of
Finance, the DSS, and the Legislative Analyst's Office. The
department shall provide caseloads, expenditures, allocations, unit
costs, family fees, and other key variables and assumptions used in
determining the sufficiency of state allocations. Detailed backup by
month and on a county-by-county basis shall be provided to the DSS
at least on a quarterly basis for comparisons with Stage 1 trends.
(c) Any request from the Temporary Assistance to Needy Families
(TANF) reserve shall be based on the information and analyses
pursuant to the preceding paragraphs and shall be made jointly and
coordinated with the DSS to eliminate duplication. In order to
facilitate coordination, detailed backup by month and on a
county-by-county basis, if different from quarterly data provided
pursuant to the previous paragraph, shall be provided to the DSS to
facilitate its analyses and comparison of overall CalWORKs
caseloads and related child care needs.
(d) By September 15, 2004, and March 15, 2005, the department shall
ensure that detailed case-load and expenditure data, through the most
recent period for Stage 2 and Stage 3 Setaside along with all
relevant
assumptions, is provided to DSS to facilitate budget development and
the May Revision, respectively. The detailed data provided shall
include actual and projected monthly caseload from Stage 2 scheduled
to time off of their transitional child care benefit from the last
actual
month reported by agencies through the 2006-07 fiscal year as well as
local attrition experience. DSS shall utilize data provided by the
department, including key variables from the prior fiscal year and
the
first two months of the 2004-05 fiscal year, to provide coordinated
estimates in November 2004 for each of the three stages of care for
preparation of the 2005-06 Governor's Budget, and shall utilize data
from at least the first two quarters of the 2004-05 fiscal year, and
any
additional months' data as they become available for preparation of
the 2005 May Revision. DSS shall share its assumptions and
methodology with SDE in the preparation of the 2005-06 Governor's
Budget.
(e) As deemed necessary by the department for counties where there
is more than one Alternative Payment Program participating in
CalWORKs child care programs, county welfare departments shall
participate jointly with the Alternative Payment Programs, as
applicable, to jointly determine the amount of funds initially
distributed to each Alternative Payment Program. However, the
department may adjust these allocations at any time for providers
deemed by the department to be on conditional status and shall adjust
the allocations as necessary to ensure a distribution of funding
proportional to each alternative payment provider's documented need
pursuant to the analysis specified in this provision.
(f) Upon request by the Department of Finance, the department shall
determine, through survey or mandatory reporting, and through use of
consultant services as necessary, requested information (such as
selected updates of data collected pursuant to Provision 8(c)(6) of
the
Budget Act of 2000 (Ch. 52, Stats. 2000)) which shall be provided to
the Department of
Finance for use in 2005-06 budget development.
(g) The department shall coordinate with the DSS to identify annual
general subsidized child care program expenditures for
TANF-eligible children. The department shall modify existing
reporting forms to capture this data.
(h) The State Department of Education shall provide to the
Department of Social Services, upon request, access to the
information and data elements necessary to comply with federal
reporting requirements and any other information deemed necessary to
improve estimation of child care budgeting needs.
9. Notwithstanding any other provision of law, the funds in Schedule
(1.5)(f) for Stage 3 Setaside are reserved exclusively for continuing
child care for (1) former CalWORKs families who are working, have
left cash aid and have exhausted their two-year eligibility for
transitional services in either Stage 1 or 2 pursuant to subdivision
(c)
of Section 8351 or 8353 of the Education Code, respectively, but
still
meet eligibility requirements for receipt of subsidized child care
services; and (2) families who received lump-sum diversion payments
or diversion services under Section 11266.5 of the Welfare and
Institutions Code and have spent two years in Stage 2 off of cash
aid,
but still meet eligibility requirements for receipt of subsidized
child
care services.
10. Nonfederal funds appropriated by this item to meet the state's
Temporary Assistance for Needy Families maintenance-of-effort
requirement established pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(P.L. 104-193) shall only be expended on behalf of CalWORKs
recipients and may not be expended in any way that would cause their
disqualification as a federally allowable maintenance-of-effort
expenditure.
11. Administrative and support services allowances for the
Alternative Payment, Stage 2, and Stage 3 Setaside child care
programs funded through Schedules (1.5)(d), (1.5)(e), and (1.5)(f) of
this item, shall be limited to no more than 23.4568 percent of the
direct cost-of-care payments to child care providers.
12. Notwithstanding Section 26.00 of this act, the funds appropriated
in Schedule (3) of this item, for child development cost-of-living
adjustments, are for allocation among Schedules (1), (1.5)(a),
(1.5)(b), (1.5)(c), (1.5)(d), (1.5)(g), (1.5)(h), (1.5)(i), (1.5)(j),
and
(1.5)(m) within this item. Funds shall not be allocated to programs
prior to approval of a budget revision by the Department of Finance.
After allocation of the 2004-05 COLA, the maximum standard
reimbursement rate shall not exceed $28.82 per day for General Child
Care programs and $18.39 per day for State Preschool. Furthermore,
the Community College Match, the Migrant Child Care, and the
Cal-SAFE Child Care programs shall adhere to the maximum standard
reimbursement rates as prescribed for the General Child Care
programs. All other rates and adjustment factors shall be revised to
conform.
13. Notwithstanding Section 26.00 of this act, the funds appropriated
in Schedule (4) of this item, for child development growth
adjustments, are for allocation among Schedules (1), (1.5)(a),
(1.5)(b), (1.5)(c), (1.5)(d), (1.5)(i), and (1.5)(j) within this
item.
Funds shall not be allocated to programs prior to approval of a
budget
revision by the Department of Finance.
14. (a) Notwithstanding any other provision of law, funds
appropriated in this item shall not be used to provide child care and
development services to children over the age of 12, except for
children with exceptional needs, children participating in the After
School Education and Safety Program or the Six-to-Six Before and
After School Program provided in Article 22.5 (commencing with
Section 8482) and Article 23.4 (commencing with Section 8488.5) of
Chapter 2 of
Part 6 of the Education Code.
(b) Notwithstanding any other provision of law, the funds
appropriated in this item shall not be used to provide child care
services to grandfathered families eligible only under subdivision
(b)
of Section 8263.1 of the Education Code.
(c) Notwithstanding any other provision of law, the income
eligibility
limits pursuant to subdivision (a) of Section 8263.1 of the Education
Code used in the 2003-04 fiscal year shall remain in effect for the
2004-05 fiscal year.
15. Notwithstanding any other provision of law, it is the intent of
the
Legislature that unearned contract amounts appropriated for
CalWORKs Stage 2 and Stage 3 Setaside in any prior year be used to
offset direct services costs in CalWORKs Stage 2 child care in each
subsequent year. Therefore, in order to account for these funds in
determining the budget, the Department of Education shall
disencumber any amounts in excess of a two-percent reserve of the
original contract amount for each unaudited contract and shall
provide
a report by September 1, 2004, and April 1, 2005, of the available
balances to the Department of Finance. The Department of Education
shall ensure child care audits are closed out in a timely fashion to
ensure savings are available in the fiscal year budget following
initial
appropriation.
16. Notwithstanding any other provision of law, the Superintendent of
Public Instruction may, upon request by a program that is earning the
full grant amount, waive the funding caps for core grants for
elementary, middle, and junior high school students to allow
expenditure of any uncommitted funds that are available to enable
those programs to create additional slots for 11- and 12-year-old
pupils and their eligible younger siblings redirected from
state-funded
and federally funded subsidized child care programs pursuant to
Section 8263.4 of the Education Code.
6110-196-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund . . . 874,459,000
Provisions:
1. Notwithstanding any other provision of law, the funds appropriated
in this item, to the extent permissible under federal law, are
subject to
Section 8262 of the Education Code.
2. The funds appropriated in this item include the federal Child Care
and Development Block Grant and are contingent upon receipt of that
federal grant.
3. Of the funds appropriated in this item, $315,203,000 is from the
transfer of funds from the federal Temporary Assistance for Needy
Families (TANF) Block Grant administered by the State Department
of Social Services to the federal Child Care and Development Block
Grant for Stage 2 child care. This amount may be increased by
transfer from the TANF reserve pursuant to Item 5180-403 of this act,
except that funds may not be first transferred to the Child Care
Development Block Grant if those transfers result in an increase to
the
federal quality requirements beyond the level currently budgeted for
quality activities.
4. Of the funds appropriated in this item, $1,061,000 is available on
a
one-time basis for Stage 3 child care. This funding reflects funds
made available on a one-time basis by a federal reallocation.
5. Of the funds appropriated in this item, $45,553,000 is available
on
a one-time basis for Stage 3 and $2,100,000 is available on a
one-time basis for Stage 2 from federal Child Care and Development
Block Grant funds appropriated prior to the 2004 federal fiscal year.
6. Of the funds appropriated in this item, $9,044,000 is available on
a
one-time basis for quality projects from federal Child Care and
Development Block Grant funds appropriated prior to the 2004
federal fiscal year.
6110-197-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60.100--Instructional
Support-Improving School Effectiveness--Intersegmental Programs . .
. 2,091,000
Provisions:
1. The funds appropriated by this item are for transfer by the
Controller to Section A of the State School Fund, for allocation by
the
Superintendent of Public Instruction to school districts, county
offices
of education, and other educational agencies for purposes of the
Proposition 98 programs in this item, in lieu of the amounts
otherwise
provided for those programs by statute.
2. Of the amount appropriated in this item, $19,000 is provided for
increases in average daily attendance at a rate of 0.95 percent. If
an
amount to fund growth is insufficient, the State Department of
Education may adjust the per-pupil growth rates to reflect available
funds. Additionally, $49,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 2.41 percent.
6110-197-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund, 21st Century Community
Learning Centers Program . . . 162,757,000
Schedule:
(1) 30.10.080-Special Program, Child Development, 21st Century
Community Learning Centers Program . . . 162,757,000
Provisions:
1. (a) It is the intent of the Legislature that the department give
significant weight in rating applications, reallocations of available
funding and in approving use of grant carryover amounts to the level
of student participation and cost per student served. Approval of use
of carryover funds from year to year for programs receiving grants
shall ensure that additional participation be required so as to not
increase the cost per student served in the fiscal year in which
grant
funds are expended. The department shall also track cost per student
planned versus actually achieved and actively ensure that each grant
maximizes student participation in relation to the level of the
annual
grant or shall reduce grant amounts accordingly in subsequent years.
(b) The department shall provide an annual report to the Legislature
and Department of Finance by September 1 of each year that identifies
by cohort for the previous fiscal year each high school program
funded, the amount of the annual grant and actual funds expended, the
numbers of students served and planned to be served, and the average
cost per student per day. If the average cost per student per day
exceeds $10 per day, the department shall provide specific reasons
why the costs are justified and cannot be reduced. In calculating
cost
per student per day, the department shall not count attendance unless
the student is under the direct supervision of after school program
staff funded through the grant. Additionally, the department shall
calculate cost per day on the basis of the equivalent of a three-hour
day for 180 days per school year. The department shall also identify
for each program, as applicable, if the attendance of students is
restricted to any particular sub-group of students at the school in
which the program is located. If such restrictions exist, the
department
shall provide an explanation of the circumstances and necessity
therefor.
2. The State Department of Education (SDE) shall provide a report to
the Department of Finance (DOF), the budget committees of each
house of the Legislature, and the Legislative Analyst's Office (LAO)
by October 15, 2004, on the requests and awards of direct grants
pursuant to Article 22.6 (commencing with Section 8484.7) of
Chapter 2 of Part 6 of the Education Code, the 21st Century
Community Learning Centers Program. The report shall include, but
not be limited to, the purposes of the direct grants awarded, the
amount requested and the subsequent awards received. The report
shall also include the number of applications and awards, both core
and direct grants, categorized by public and private high schools,
then
by school type (elementary, middle, or junior high schools) as well
as
information identifying those grantees that have been awarded funding
through both the state-funded and the federally-funded program. In
addition, SDE shall report to DOF, the budget committees of each
house of the Legislature, and the LAO by May 1, 2005, on the
effectiveness of 21st Century Community Learning Centers Program
operated by private schools.
3. The provisions of this item shall become inoperative in the event
federal funds are not made available for this purpose. It is the
intent of
the Legislature that the provisions of this item not be considered a
precedent for General Fund augmentation of either this
state-administered, federally funded program or any state-funded
before or after school program.
4. Of the amount appropriated in this item, $60,410,000 is new
ongoing federal 21st Century Community Learning Centers Program
funds, $782,000 is one-time reallocated federal funds, and $608,000
is one-time federal carryover funds. Of the ongoing funds, $5,000,000
shall be used for high school grants, and $47,977,000 shall be used
for elementary, middle, and junior high school grants, with priority
placed on increasing the number of slots available for 11- and
12-year-olds and their eligible younger siblings in order to
accommodate them in after-school programs rather than subsidized
child care programs pursuant to Section 8263.4 of the Education
Code.
(b) Notwithstanding any other provision of law, the Superintendent of
Public Instruction may, upon request by a program that is earning the
full grant amount, waive the funding caps for core grants for
elementary, middle, and junior high schools to enable those programs
to create additional slots for 11- and 12-year-old pupils and their
eligible younger siblings pursuant to subdivision (a).
(c) Of the funds remaining in subdivision (a) after the allocations
pursuant to that subdivision, $2,118,000 shall be for technical
assistance grants, $5,195,000 shall be for access grants, and
$1,510,000 shall be for literacy grants.
5. (a) Of the amount appropriated in this item, $25,430,000 is
available on a one-time basis, of which $488,000 is one-time federal
reallocated funds, and the remaining $24,942,000 is carryover of
program savings. $20,000,000 of these funds shall be expended in
priority order as follows, to: (1) increase core grant caps for those
programs that are at or above their maximum amount to provide
additional slots for 11- and 12-year-olds and their eligible younger
siblings; (2) expand existing grants to allow programs to offer
summer, vacation, and intercession programs thus increasing the
number of program days of operation, and (3) increase core grant caps
for programs above their maximum amount or with waiting lists.
Notwithstanding any other provision of law, the Superintendent of
Public Instruction may waive the caps on core grants for these
purposes.
(b) The remainder of these funds shall be available on a one-time
basis to programs that were allocated funding from the appropriation
in this item in the 2002 Budget Act (Ch. 379, Stats 2002) and in the
2003 Budget Act (Ch. 157, Stats. 2003). Funds shall be available for
training, standards-aligned materials, and other allowable one-time
costs. The State Department of Education shall provide a report to
the
Legislature and the Department of Finance by October 1, 2005,
identifying how these funds were allocated.
6110-198-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State School Fund, for allocation to school districts and county
offices
of education, in lieu of the amount that otherwise would be
appropriated pursuant to statute . . . 50,497,000
Schedule:
(1) 20.60.220-CalSAFE Academic and Supportive Services . . .
13,707,000
(2) 30.10.020-CalSAFE Child Care . . . 23,353,000
(3) 20.60.221-All Services for Non- converting Pregnant Minors
Programs . . . 13,437,000
Provisions:
1. Notwithstanding any other provision of law, a school district or
county superintendent of schools operating, by October 1, 1999, a
School Age Parent and Infant Development Program pursuant to
Article 17 (commencing with Section 8390) of Chapter 2 of Part 6 of,
a Pregnant Minors Program pursuant to Chapter 6 (commencing with
Section 8900) of Part 6 of, and Section 2551.3 of, or a Pregnant and
Lactating Students Program pursuant to Sections 49553 and 49559 of,
the Education Code, or any combination thereof, that chooses to
participate in the CalSAFE program shall have priority for CalSAFE
program funding for an amount up to the dollar amount provided under
those provisions in the fiscal year prior to participation in the
CalSAFE program, provided an application is submitted and
approved.
2. The amounts in Schedules (1), (2), and (3) of this item are based
on
estimates of the amounts required by existing programs for operation
of CalSAFE programs in 2004-05. By October 31, 2004, the
Department of Education shall submit to the Department of Finance
current expenditure data for 2003-04 and 2004-05 showing each
agency's allocation and supporting detail including average daily
attendance and child care attendance and enrollment data. The State
Department of Education shall also provide estimates of average daily
attendance and child care to be provided in 2005-06.
3. Schedule (3) above is to provide funding for all child care, as
well
as both academic and supportive services for programs choosing to
retain their Pregnant Minors Program revenue limit. Notwithstanding
any other provision of law, the department shall compute allocations
to these agencies using the respective agencies' 1998-99 Pregnant
Minors Program revenue limits. Further, notwithstanding any other
provision of law, programs which choose to retain their Pregnant
Minors revenue limit rather than convert to the CalSAFE revenue
limit must provide child care within the revenue limit funding for
children of students comprising base-year average daily attendance.
To the extent additional units of average daily attendance are
authorized by the department for growth for these agencies, academic
and supportive services reimbursement for such growth shall be
computed using the new CalSAFE revenue limit. Growth funding for
the child care component shall be equal to the proportionate share of
total child care costs for the specific agency's program as
determined
by dividing the authorized growth in student average daily attendance
by the total authorized average daily attendance.
4. Of the funds appropriated in this item, $464,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a rate of 0.95 percent, and $1,188,000 is for the purpose of
providing a cost-of-living adjustment at a rate of 2.41 percent.
6110-201-0001--For local assistance, Department of Education
(Proposition 98) . . . 1,010,000
Schedule:
(1) 30.20.010-Child Nutrition . . . 1,010,000
Provisions:
1. Notwithstanding any other provision of law, the amount
appropriated in this item is for the purpose of providing grants to
school districts and county superintendents of schools during the
2004-05 school year for school breakfast program startup grants
pursuant to Section 49550.3 of the Education Code, and for
nonconcurring expenses incurred by a school district or county of
fice
of education in initiating or expanding a Summer Food Service
Program for children pursuant to Section 49547.5 of the Education
Code following criteria developed by the State Department of
Education.
2. Of the amount appropriated in this item, $10,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a rate of 0.95 percent.
6110-201-0890--For local assistance, Department of Education,
Program 30.20-Child Nutrition, payable from the Federal Trust Fund .
. . 1,616,804,000
Schedule:
(1) 30.20.010-Child Nutrition . . . 1,594,354,000
(2) 30.20.040-Summer Food Service Program . . . 22,450,000
6110-202-0001--For local assistance, Department of Education . . .
10,779,000
Schedule:
(1) 30.20.010-Child Nutrition . . . 10,779,000
Provisions:
1. Funds appropriated in Schedule (1) of this item are for child
nutrition programs pursuant to Section 41311 of the Education Code.
Claims for reimbursement of meals pursuant to this appropriation
shall be submitted no later than September 30, 2005, to be eligible
for
reimbursement.
2. Notwithstanding any other provision of law, except as provided in
this provision, funds appropriated in Schedule (1) of this item shall
be
available for allocation in accordance with Section 49536 of the
Education Code, except that the allocation shall not be made based on
all meals served, but based on the number of meals that are served
and that qualify as free or reduced-price meals in accordance with
Sections 49501, 49550, and 49552 of the Education Code.
3. Of the funds appropriated in this item, $99,000 is for the purpose
of
providing an adjustment for increases in average daily attendance at
a
rate of 0.95 percent. Additionally, $254,000 is for the purpose of
providing a cost-of-living adjustment at a rate of 2.41 percent.
6110-203-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 30.20.010-Child Nutrition Programs, established pursuant to
Sections 41311, 49536, 49501, 49550, 49552, and 49559 of the
Education Code . . . 80,079,000
Schedule:
(1) 30.20.010-Child Nutrition Programs . . . 83,073,000
(2) Reimbursements . . . -2,994,000
Provisions:
1. Funds appropriated in Schedule (1) of this item shall be allocated
pursuant to Section 41311 of the Education Code. Claims for
reimbursement of meals pursuant to this allocation shall be
submitted
by school districts on or before September 30, 2005, to be eligible
for
reimbursement.
2. Notwithstanding any other provision of law and except as
otherwise provided in these provisions, funds designed for child
nutrition programs in Schedule (1) of this item shall be allocated in
accordance with Section 49536 of the Education Code; however, that
the allocation shall be based not on all meals served, but on the
number of meals that are served and that qualify as free or
reduced-price meals in accordance with Sections 49501, 49550, and
49552 of the Education Code.
3. Of the funds appropriated in this item, $2,000,000 shall be
available for grants to local education agencies to improve school
nutrition services. Funding for these grants shall be contingent on
an
award from the Vitamin Cases Consumer Settlement Fund for this
purpose. Funding for these grants shall not exceed the amount of the
award.
4. Of the funds appropriated in this item, $1,884,000 is for the
purpose of providing a cost-of-living adjustment at a rate of 2.41
percent.
6110-208-0001--For local assistance, Department of Education
(Proposition 98), Program 20, for allocation to the Center for Civic
Education . . . 250,000
Provisions:
1. The funds appropriated in this item are for the purpose of
implementing a middle school and junior high school civic education
program.
6110-209-0001--For local assistance, State Department
of Education (Proposition 98), Program 10.10.090.002-Teacher
Dismissal Apportionments, for transfer to Section A of the State
School Fund and allocation by the Controller for payment of claims
received pursuant to Section 44944 of the Education Code . . . 41,000
Provisions:
1. Of the funds appropriated in this item, $1,000 is for the purpose
of
providing a cost-of-living adjustment at a rate of 2.41 percent.
6110-211-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60.036 for Categorical Programs for charter schools . . .
52,807,000
Provisions:
1. Funds appropriated in this item are for the charter school
categorical block grant. Notwithstanding Sections 47634 and 47634.5
of the Education Code, the State Department of Education shall
distribute base block grant funds using a single funding rate per
unit of
average daily attendance (ADA). This rate shall not exceed $292 per
unit of ADA and shall be pro-rated downward as necessary given
total charter school ADA. Supplemental disadvantaged student block
grant funds shall be distributed pursuant to subdivisions (f) and (g)
of
Section 47634 of the Education Code.
1.3. Programs associated with the following items are included in the
charter school categorical block grant: 6110-103-0001,
6110-108-0001, 6110-112-0001, 6110-116-0001, 6110-119-0001,
6110-120-0001, 6110-122-0001, 6110-124-0001, 6110-127-0001,
6110-128-0001, 6110-137-0001, 6110-166-0001, 6110-167-0001,
6110-189-0001, 6110-190-0001, 6110-191-0001, 6110-193-0001,
6110-197-0001, 6110-201-0001, 6110-203-0001, 6110-212-0001,
6110-224-0001, 6110-228-0001, 6110-232-0001, 6110-235-0001,
6110-240-0001. Charter schools may not apply separately for funding
for any of these programs.
1.5. No later than September 15, 2004, the Legislative Analyst's
Office and the Department of Finance shall convene a working group
consisting of the State Department of Education, the charter school
community, and other interested stakeholders to develop a simpler and
clearer method for calculating the charter school block grant
appropriation in future years.
2. The Department of Education shall provide an estimate of average
daily attendance expected to be claimed for this item for the 2005-06
fiscal year to the Department of Finance and the Legislative Analyst'
s
Office by October 1, 2004, for use in developing the 2005-06
Governor's Budget. The Department of Education shall provide an
update of the estimate by March 31, 2005, for preparation of the May
Revision.
3. An additional $5,298,000 in expenditures for this item has been
deferred until the 2005-2006 fiscal year.
6110-212-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60-High-Risk Youth Education and
Public Safety Program . . . 11,373,000
Provisions:
1. The funds appropriated in this item are for transfer by the
Controller to Section A of the State School Fund, for allocation by
the
State Department of Education to school districts and county offices
of
education for costs incurred for the High-Risk First-Time Offenders
Program and the Transitioning High-Risk Youth Program pursuant to
Article 1 (commencing with Section 47760) of Chapter 2 of Part
26.95 of Division 4 of Title 2 of the Education Code.
2. Of the funds appropriated in this item, $105,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a rate of 0.95 percent, and $268,000 is for the purpose of
providing
a cost-of-living adjustment at a rate of 2.41 percent.
6110-224-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Year-Round School Grant Program established pursuant to Article 3
(commencing with Section 42260) of Chapter 7 of Part 24 of the
Education Code . . . 84,147,000
Schedule:
(1) 10.10.950.002-Operations grants . . . 84,147,000
Provisions:
1. The following provisions govern funds appropriated for the
Year-Round School Grant Program (Art. 3 (commencing with Sec.
42260), Ch. 7, Pt. 24, Ed. C.):
(a) Applications for year-round school grants pursuant to Section
42263 of the Education Code shall be received annually by the
Superintendent of Public Instruction no later than September 1 of the
year for which payment is sought; applications received after that
date
may not be processed. If the funds available for a fiscal year are
insufficient to fully fund all eligible grants pursuant to Section
42263
of the Education Code, the superintendent shall at that time provide
all
approved claims with a prorated share of the funds made available for
those grants pursuant to this item.
6110-228-0001--For local assistance, Department of Education, for
transfer to Section A of the State School Fund for allocation by the
Controller (Proposition 98), School Safety . . . 17,788,000
Schedule:
(1) 20.60.020.011-School Safety Block Grants . . . 2,180,000
(3) 20.60.020.018-Safety Plans for New Schools . . . 1,000,000
(4) 20.60.020.019-Gang Risk Intervention Program . . . 3,000,000
(5) 20.60.020.020-School Community Policing Partnership
Competitive Grants . . . 11,608,000
Provisions:
1. Of the funds appropriated in Schedule (1), $2,180,000 is available
to fund block grants for middle and junior high schools and high
schools that serve grades 8 to 12, inclusive, pursuant to Chapter 51,
Statutes of 1999. An additional $36.9 million in expenditures for
this
purpose has been deferred to 2005-06 and $47,880,000 is
appropriated in Item 6110-485 for this purpose.
2. Of the $36.9 million deferred from this item, $1 million shall be
made available for county offices of education pursuant to Chapter
645, Statutes of 1999.
3. The funds appropriated in Schedule (3) are available for
developing School Safety Plans pursuant to Chapter 996 of the
Statutes of 1999 and are to be allocated through an application
process as determined by the Department of Education.
4. Of the funds appropriated in this item, $608,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a rate of 0.95 percent. Additionally, $1,485,000 is for the
purpose
of providing a cost-of-living adjustment at a rate of 2.41 percent.
5. The funds appropriated in Schedule (5) are available to local
education agencies on a competitive basis to implement or expand a
school community policing approach to school crime and safety issues
including partnerships with local law enforcement agencies. In
addition to the expressed purposes above, funds may also be used for
implementation of conflict resolution programs and training.
6110-232-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.26, Program to Reduce Class Size in Two Courses in
Grade 9 pursuant to Chapter 6.8 (commencing with Section 52080) of
Part 28 of Division 4 of Title 2 of the Education Code . . .
110,185,000
Provisions:
1. Schools participating in this program shall receive a per-pupil
rate
of $184 pursuant to Section 52086 of the Education Code.
6110-234-0001--For local assistance, Department of Education
(Proposition 98), Program 10.25, for transfer by the Controller to
Section A of the State School Fund, for allocation by the
Superintendent of Public Instruction for the Class Size Reduction
Program
pursuant to Chapter 6.10 (commencing with Section 52120) of Part
28 of the Education Code . . . 1,651,775,000
Provisions:
1. Schools participating in Option One shall receive a
per-pupil rate
of $928. Schools participating in Option Two shall receive a
per-pupil rate of $464.
6110-235-0001--For local assistance, Department of Education
(Proposition 98), Program 20.80 for transfer by the Controller to
Section A of the State School Fund, for allocation by the
Superintendent of Public Instruction for supplemental grants pursuant
to Sections 54761.2 and 54761.3 of the Education Code . . .
167,211,000
Provisions:
1. Of the funds appropriated in this item, $1,537,000 is to provide
an
adjustment for increases in average daily attendance at a rate of
0.95
percent. If the amount required to fund growth is insufficient, the
Department of Education may adjust the per-pupil growth rate to
reflect the available funds. Additionally, $3,935,000 is to provide a
cost-of-living adjustment at a rate of 2.41 percent.
6110-240-0001--For local assistance, Department of Education
(Proposition 98) . . . 2,657,000
Schedule:
(1) 10.80.030-Instruction: International Baccalaureate Diploma
Program . . . 1,107,000
(2) 20.70-Instructional Support: Assessments . . . 1,550,000
Provisions:
1. The funds appropriated in Schedule (1) of this item shall be for
the
International Baccalaureate Diploma Program authorized by Chapter
12.5 (commencing with Section 52920) of Part 28 of the Education
Code.
2. The funds appropriated in Schedule (2) of this item shall be for
grants for Advanced Placement examination fees as authorized by
Chapter 8.3 (commencing with Section 52244) of Part 28 of the
Education Code.
3. Of the funds appropriated in this item, $24,000 is for the purpose
of
providing an adjustment for increases in average daily attendance at
a
rate of 0.95 percent. Additionally, $62,000 is for the purpose of
providing a cost-of-living adjustment at a rate of 2.41 percent.
6110-240-0890--For local assistance, Department of Education,
Program 20.70.010-Instructional Support: Advanced Placement Fee
Waiver, payable from the Federal Trust Fund . . . 3,736,000
Provisions:
1. Funding shall be used to fully satisfy the demand for advanced
placement examination fee reimbursements for low-income pupils.
Any funding remaining after the demand for advanced placement exam
fee reimbursements has been fully satisfied may be used on a one-time
basis for pre-advanced placement activities as specified under the
conditions of the federal grant application through which these funds
were authorized. Use of funding for this alternative purpose shall
not
create nor imply any continuing obligation to fund the alternative
activities beyond the 2004-05 fiscal year.
6110-242-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60.106 . . . 33,000
Provisions:
1. Funds appropriated in this item are for allocation to the
California
Association of Student Councils to expand student leadership
activities.
6110-280-0001--For local assistance, Department of Education
(Proposition 98), Program 20.40.100.004-At-Risk Youth . . . 606,000
Provisions:
1. The funds appropriated in this item are for allocation by the
State
Department of Education to the Los Angeles Unified School District
for services to at-risk youth that participate in a program that
meets
the criteria specified in subdivision (a) of Section 41 of Chapter
299
of the Statutes of 1997.
2. Of the funds appropriated in this item, $6,000 is for the purpose
of
providing an adjustment for increases in average daily attendance at
a
rate of 0.95 percent.
6110-295-0001--For local assistance, Department of Education
(Proposition 98), for reimbursement, in accordance with the
provisions of Section 6 of Article XIII B of the California
Constitution or Section 17561 of the Government Code, of the cost of
any new program or increased level of service of an existing program
mandated by statute or executive order, for disbursement by the State
Controller . . . 39,000
Schedule:
(1) 98.01.003.677-Annual Parent Notification (Ch. 36, Stats. 1977,
et
al.) . . . 1,000
(2) 98.01.009.894-Caregiver Affidavits (Ch. 98, Stats. 1994) . . .
1,000
(3) 98.01.016.193-Intradistrict Attendance (Ch. 161, Stats. 1993) . .
.
1,000
(4) 98.01.048.675-Mandate Reimbursement Process (Ch. 486, Stats.
1975) . . . 1,000
(5) 98.01.049.801-Graduation Re quirements (Ch. 498, Stats. 1983) .
. . 1,000
(6) 98.01.049.802-Notification of Truancy (Ch. 498, Stats. 1983) . .
.
1,000
(7) 98.01.049.803-Pupil Suspensions, Expulsions, Expulsion Appeals
(Ch. 498, Stats. 1983 et al.) . . . 1,000
(8) 98.01.064.186-Open Meetings Act (Ch. 641, Stats. 1986) . . .
1,000
(9) 98.01.066.878-Pupil Exclusions (Ch. 668, Stats. 1978) . . . 1,000
(10) 98.01.078.192-Charter Schools (Ch. 781, Stats. 1992) . . . 1,000
(11) 98.01.078.395-Investment Reports (Ch. 783, Stats. 1995) . . . 0
(12) 98.01.079.980-PERS Death Benefits (Ch. 799, Stats. 1980) . . .
1,000
(13) 98.01.081.891-AIDS Prevention Instruction (Ch. 818, Stats.
1991) . . . 1,000
(14) 98.01.096.175-Collective Bargaining (Ch. 961, Stats. 1975) . . .
1,000
(15) 98.01.096.501-Pupil Classroom Suspension: Counseling (Ch.
965, Stats. 1977) . . . 1,000
(16) 98.01.096.577-Pupil Health Screenings (Ch. 1208, Stats. 1976) .
. . 1,000
(17) 98.01.097.595-Physical Performance Tests (Ch. 975, Stats.
1995) . . . 1,000
(18) 98.01.101.184-Juvenile Court Notices II (Ch. 1011, Stats. 1984;
Ch. 1423, Stats. 1984) . . . 1,000
(19) 98.01.110.784-Removal of Chemicals (Ch. 1107, Stats. 1984) . .
. 1,000
(20) 98.01.111.789-Law Enforcement Agency Notifications (Ch.
1117, Stats. 1989) . . . 1,000
(21) 98.01.117.677-Immunization Records (Ch. 1176, Stats. 1977) . .
. 1,000
(22) 98.01.118.475-Habitual Truants (Ch. 1184, Stats. 1975) . . .
1,000
(23) 98.01.125.375-Expulsion Transcripts (Ch. 1253, Stats. 1975) . .
.
1,000
(24) 98.01.128.488-Pupil Suspensions: Parents Classroom Visits
(Ch. 1284, Stats. 1988) . . . 1,000
(25) 98.01.130.689-Notification to Teachers of Public Expulsion
(Ch. 1306, Stats. 1989) . . . 1,000
(26) 98.01.134.780-Scoliosis Screening (Ch. 1347, Stats. 1980) . . .
1,000
(27) 98.01.139.874-PERS Unused Sick Leave Credit (Ch. 1398,
Stats. 1974) . . . 1,000
(28) 98.01.146.389-School Accountability Report Cards (Ch. 1463,
Stats. 1989) . . . 1,000
(29) 98.01.165.984-Emergency Procedures (Ch. 1659, Stats. 1984) . .
. 1,000
(30) 98.01.077.896-American Government Course Documents
Requirements (Ch. 778, Stats. 1996) . . . 1,000
(31) 98.01.030.995-Pupil Residency Verification and Appeals (Ch.
309, Stats. 1995) . . . 1,000
(32) 98.01.058.897-Criminal Background Checks (Ch. 588, Stats.
1997) . . . 1,000
(33) 98.01.041.095-School Crimes Reporting II (Ch. 759, Stats. 1992
and Ch. 410, Stats. 1995) . . . 0
(34) 98.01.083.194-School Bus Safety I and II (Ch. 624, Stats. 1992;
Ch. 831, Stats. 1994; Ch. 739, Stats. 1997) . . . 0
(35) 98.01.046.576-Peace Officers Procedural Bill of Rights (Ch.
465, Stats. 1976) . . . 1,000
(36) 98.01.361.977-Financial and Compliance Audits (Ch. 36, Stats.
1977) . . . 1,000
(37) 98.01.064.097-Physical Education Reports (Ch. 640, Stats.
1997) . . . 1,000
(38) 98.01.112.096-Health Benefits for Survivors of Peace Officers
and Firefighters (Ch. 1120, Stats. 1996) . . . 1,000
(39) 98.01.091.787-County Office of Education Fiscal Accountability
Reporting (Ch. 917, Stats. 1987) . . . 1,000
(40) 98.01.065.094-Employee Benefits Disclosure (Ch. 650, Stats.
1994) . . . 1,000
(41) 98.01.010.081-School District Fiscal Accountability Reporting
(Ch. 100, Stats. 1981) . . . 1,000
(42) 98.01.087.585-Photographic Record of Evidence (Ch. 875, Stats.
1985) . . . 1,000
(43) 98.01.012.693-Law Enforcement Sexual Harassment Training
(Ch. 126, Stats. 1993) . . . 0
(44) 98.01.078.495-County Treasury Oversight Committee (Ch. 784,
Stats. 1995) . . . 0
Provisions:
1. Except as provided in Provisions 2 and 3 of this item, allocations
of funds shall be made by the Controller in accordance with the
provisions of each statute or executive order that mandates the
reimbursement of the costs, and shall be audited to verify the actual
amount of the mandated costs in accordance with subdivision (d) of
Section 17561 of the Government Code. Audit adjust-ments to prior
year claims may be paid from this item. Funds appropriated by this
item may be used to provide reimbursement pursuant to Article 5
(commencing with Section 17615) of Chapter 4 of Part 7 of Division
4 of Title 2 of the Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon approval of
the Director of Finance in writing, augment those deficient amounts
from the unencumbered balance of any other scheduled amounts
therein. No order may be issued pursuant to this provision unless
written notification of the necessity therefor is provided to the
chairperson of the committee in each house of the Legislature which
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee or his or her designee.
3. Notwithstanding any other provision of law, the funds appropriated
in Schedules (12) and (27) are for transfer to the Public Employees'
Retirement System for reimbursement of costs incurred pursuant to
Chapter 1398 of the Statutes of 1974 or Chapter 799 of the Statutes
of
1980.
4. Pursuant to Section 17581.5 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(11) 98.01.078.395-Investment Reports (Ch. 783, Stats. 1995).
(33) School Crimes Reporting II (Ch. 759, Stats. 1992; Ch. 410,
Stats.
1995).
(34) School Bus Safety I and II (Ch. 624, Stats. 1992; Ch. 831,
Stats.
1994; Ch. 739, Stats. 1997).
(43) 98.01.012.693-Law Enforcement Sexual Harassment Training
(Ch. 126, Stats. 1993).
(44) 98.01.078.495-County Treasury Oversight Committee (Ch. 784,
Stats. 1995).
5. The Controller shall not make any payment from this item to
reimburse community college districts for claimed costs of
state-mandated education programs. Reimbursements to community
college districts for education mandates shall be paid from the
appropriate item within the community colleges' budget.
6110-301-0660--For capital outlay, Department of Education,
payable from the Public Buildings Construction Fund . . . 73,260,000
Schedule:
California School for the Deaf, Riverside:
(1) 80.80.067-Dormitory Replacement and Chiller--Preliminary
plans, working drawings, construction, and equipment . . . 69,948,000
California School for the Deaf, Fremont
(2) 80.75.020-Pupil, Personnel Services Building--Construction . . .
3,312,000
Provisions:
1. The State Public Works Board may issue lease- revenue bonds,
notes, or bond anticipation notes pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b of Division 3 of Title 2 of the
Government Code to finance the design and construction of the
projects authorized by this item.
2. The State Public Works Board and the Department of Education
may obtain interim financing for the project costs authorized in this
item from any appropriate source including, but not limited to,
Section
15849.1 of the Government Code and the Pooled Money Investment
Account pursuant to Sections 16312 and 16313 of the Government
Code.
3. The State Public Works Board may authorize the augmentation of
the cost of construction of the projects scheduled in this item
pursuant
to the board's authority under Section 13332.11 of the Government
Code. In addition, the State Public Works Board may authorize any
additional amount necessary to establish a reasonable construction
reserve and to pay the cost of financing, including the payment of
interest during construction of the projects, the costs of financing
a
debt service fund, and the cost of issuance of permanent financing
for
the project. This additional amount may include interest payable on
any interim financing obtained.
4. This department is authorized and directed to execute and deliver
any and all leases, contracts, agreements or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the scheduled projects.
5. The State Public Works Board shall not itself be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (commencing with Section 21000 of the Public Resources
Code) for any activities under the State Building Construction Act of
1955 (commencing with Section 15800 of the Government Code).
This section does not exempt this department from the requirements of
the California Environmental Quality Act. This section is declarative
of existing law.
6. Notwithstanding Section 2.00 of this act or any other provision of
law, the funds appropriated in this item shall be available for
encumbrance until June 30, 2011.
6110-401--For maintenance of accounting records by the Controller's
office and the Department of Education or any other agency
maintaining such records, appropriations made in this act for agency
6110 (Department of Education) are to be recorded under agency
6100 (Department of Education).
6110-402--Notwithstanding any provision of law to the contrary, no
funds appropriated in this act, or by any act enacted prior to the
enactment of this act, shall be, in the absence of a court order,
deemed
appropriated or available for expenditure for purposes of claims for
vocational education average daily attendance arising from Section
46140 of the Education Code as it read prior to the enactment of
Chapter 1230 of the Statutes of 1977.
6110-485--Reappropriation (Proposition 98) Department of
Education. The sum of $320,249,000 is reappropriated from the
Proposition 98 Reversion Account, for the following purposes:
0001--General Fund
(1) $6,745,000 on a one-time basis to the State Department of
Education for the purpose of funding a 2001-02 deficit in the K-3
Class Size Reduction Program.
(2) $652,000 to the State Department of Education to fund 2002-03
caseload in the child nutrition program.
(3) $47,880,000 to the State Department of Education to fund grants
for school safety programs.
(4) $98,624,000 to the State Department of Education to fund
Targeted Instructional Improvement Grants.
(7) $7,700,000 to the State Department of Education, on a one-time
basis, for the Charter Schools Facilities Grant Program.
(8) $500,000, on a one-time basis, to the State Department of
Education for the establishment of a web-based model that would
differentiate and compare the capabilities of electronic assessment
resources. These funds would be available contingent upon legislation
for this purpose.
(9) $32,672,000 to the State Department of Education for the purpose
of funding the 2000-01 Certificated Staff Incentive Awards.
(10) $2,000,000 to the State Department of Education for the purpose
of funding grants under the Healthy Start Program.
(11) $17,700,000 on a one-time basis to the State Department of
Education for the purposes of Program 30.10.020.001, Special
Program, Child Development, General Child Development Programs,
as also funded in Item 6110-196-0001 of this act, during the 2004-05
fiscal year.
(12) $6,800,000 on a one-time basis to the State Department of
Education for the purposes of Program 30.10.020.007, Special
Program, Child Development, Alternative Payment Program, as also
funded in Item 6110-196-0001 of this act, during the 2004-05 fiscal
year.
(13) $52,986,000 on a one-time basis to the State Department of
Education for the purposes of Program 30.10.020.011, Special
Program, Child Development, Alternative Payment Program-Stage 2,
as also funded in Item 6110-196-0001 of this act, during the 2004-05
fiscal year.
(14) $14,400,000 on a one-time basis to the State Department of
Education for the purposes of Program 30.10.020.012, Special
Program, Child Development, Alternative Payment Program-Stage 3
Setaside, as also funded in Item 6110-196-0001 of this act, during
the
2004-05 fiscal year.
(15) $300,000 on a one-time basis to the State Department of
Education for the purposes of Program 30.10.020.015, Special
Program, Child Development, Extended Day Care, as also funded in
Item 6110-196-0001 of this act, during the 2004-05 fiscal year.
(16) $27,300,000 on a one-time basis to the State Department of
Education. These funds shall be available to the extent they are
necessary to fund subsidized child care services for children who are
11 or 12 years of age, for the programs identified in paragraphs (11)
to (15), inclusive, consistent with Section 8263.4 of the Education
Code, during the 2004-05 fiscal year.
(17) $3,990,000 to the State Department of Education for the
Principal Training Program.
Provisions:
1. The funds specified in Schedule (7) shall be used to provide
grants
to charter schools that operate in low-income attendance areas for
facilities-related expenses pursuant to Section 47614.5 of the
Education Code.
2. The amount appropriated in Schedule (10) is for the purposes of
providing full funding of operational grants for any districts that
previously had collaborative planning grants and providing full
funding for collaborative planning and operational grants for schools
never receiving a Healthy Start grant. First priority shall be given
to
providing operational grants for districts with previous
collaborative
planning grants. Collaborative planning grants may be expended over
and up to a two-year period. Operational grants may be expended
over and up to a five-year period.
6110-490--Reappropriation, Department of Education. The balance of
the appropriation provided in the following citation is
reappropriated
for the purposes and subject to the limitations, unless otherwise
specified, provided for in the appropriation:
0660--Public Buildings Construction Fund
(1) Item 6110-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003)
California School for the Deaf, Riverside:
(1) 80.80.030-Multipurpose/Activity Center--Working drawings and
construction
6110-494--Reappropriation, Department of Education.
Notwithstanding any other provision of law, the following specified
balances are reappropriated from the following citations, for the
purposes specified, and shall be available for encumbrance and
expenditure until June 30, 2005:
Provisions:
2. Notwithstanding Section 8278 of the Education Code, $15,000,000
of the remaining General Fund balance of the amount appropriated in
Schedule (1.5) (e) for CalWORKs Stage 2 child care in Item
6110-196-0001 of the Budget Act of 2003 (Ch. 157, Stats. 2003),
shall be available only for expenditure for CalWORKs Stage 2.
4. Notwithstanding Section 8278 of the Education Code, $18,600,000
of the remaining General Fund balance of the amount appropriated in
Schedule (1.5)(f) for CalWORKs Stage 3 child care in Item
6110-196-0001 of the Budget Act of 2003 (Ch. 157, Stats. 2003),
shall be available only for expenditure for CalWORKs Stage 3.
6110-495--Reversion, Department of Education, Proposition 98. The
following amounts shall revert to the Proposition 98 Reversion
Account:
(1) $909,000, or whatever greater or lesser amount reflects the
unliquidated General Fund balance, appropriated in Item
6110-211-0001, Budget Act of 2001 (Ch. 106, Stats. 2001).
(2) $569,000, or whatever lesser or greater amount reflects
unexpended funds, from Schedule (3) of Item 6110-104-0001, Budget
Act of 2002 (Ch. 379, Stats. 2002).
(3) $264,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-122-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(4) $328,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-127-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(5) $3,829,000, or whatever lesser or greater amount reflects
unexpended funds, from Section 4(a) of Chapter 101, Statutes of 2002.
(6) $6,000, or whatever lesser or greater amount reflects unexpended
funds, from Item 6110-295-0001, Budget Act of 2002 (Ch. 379, Stats.
2002).
(7) $10,000,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-132-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(8) $4,000, or whatever lesser or greater amount reflects unexpended
funds, from the 2002-03 fiscal year appropriation pursuant to
Education Code Section 315, as enacted by Proposition 227 in 1998.
(9) $1,036,000, or whatever lesser or greater amount reflects
unexpended funds, from Schedules (15) and (17) of Item
6110-485-0001, Budget Act of 2001 (Ch. 106, Stats. 2001).
(10) $4,031,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-295-0001, Budget Act of 2001
(Ch. 106, Stats. 2001).
(11) $47,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-122-0001, Budget Act of 2001
(Ch. 106, Stats. 2001).
(12) $14,000, or whatever lesser or greater amount reflects
unexpended funds, from the 2001-02 fiscal year appropriation
pursuant to Education Code Section 315, as enacted by Proposition
227 in 1998.
(13) $2,420,000, or whatever lesser or greater amount reflects
unexpended funds, from the appropriation made by Section 37(a) of
Chapter 71, Statutes of 2000.
(14) $236,000, or whatever lesser or greater amount reflects
unexpended funds, from the appropriation made by Section 41(k)(1)
of Chapter 299, Statutes of 1997.
(15) $260,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-120-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(16) $423,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-120-0001, Budget Act of 2001
(Ch. 106, Stats. 2001).
(17) $45,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-198-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(18) $59,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-201-0001, Budget Act of 2001
(Ch. 106, Stats. 2001).
(19) $576,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-226-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(20) $6,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-226-0001, Budget Act of 2001
(Ch. 106, Stats. 2001).
(21) $24,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-240-0001, Budget Act of 1998
(Ch. 324, Stats. 1998).
(22) $656,000, or whatever greater or lesser amount reflects the
unliquidated General Fund balance, appropriated in Item
6110-111-0001, Budget Act of 2001 (Ch. 106, Stats. 2001).
(23) $1,795,000, or whatever greater or lesser amount reflects the
unliquidated General Fund balance, appropriated in Item
6110-161-0001, Budget Act of 2001 (Ch. 106, Stats. 2001).
(24) $1,300,000, or whatever greater or lesser amount reflects the
unliquidated General Fund balance, reappropriated in Item 6110-485,
in subdivision (27), Budget Act of 2001 (Ch. 106, Stats. 2001).
(25) $2,678,000, or whatever lesser or greater amount reflects
unexpended funds from Subparagraph (A) of Paragraph (2) of
subdivision (a) of Ch. 101, Stats. 2002.
(26) $500,000, or whatever lesser or greater amount reflects
unexpended funds from subdivision (36) of Item 6110-485, Budget
Act of 2001 (Ch. 106, Stats. 2001).
(27) $60,000, or whatever lesser or greater amount reflects
unexpended funds from subdivision (5) of Item 6110-485, Budget Act
of 2003 (Ch. 157, Stats. 2003).
(28) $176,000, or whatever lesser or greater amount reflects
unexpended funds from Schedule (4) of Item 6110-123-0001, Budget
Act of 2002 (Ch. 379, Stats. 2002).
(29) $1,608,000, or whatever lesser or greater amount reflects
unexpended funds from Schedule (3) of Item 6110-113-0001, Budget
Act of 2001 (Ch. 106, Stats. 2001).
(30) $231,000, or whatever lesser or greater amount reflects
unexpended funds from Schedule (3) of Item 6110-113-0001, Budget
Act of 2002 (Ch. 379, Stats. 2002).
(31) $3,000, or whatever lesser or greater amount reflects
unexpended funds from Schedule (1) of Item 6110-113-0001, Budget
Act of 2002 (Ch. 379, Stats. 2002).
(32) $6,905,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-134-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(34) $1,000,000, or whatever lesser or greater amount reflects
unexpended funds from Item 6110-158-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(35) $8,288,000, or whatever lesser or greater amount reflects
unexpended funds from Item 6110-191-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(36) $17,924,000, or whatever lesser or greater amount reflects
unexpended funds from subdivision (4) of Item 6110-485, Budget Act
of 2002 (Ch. 379, Stats. 2002).
(37) $9,008,000, or whatever lesser or greater amount reflects
unexpended funds from subdivision (24) of Item 6110-485, Budget
Act of 2001 (Ch. 106, Stats. 2001).
(38) $1,187,000, or whatever lesser or greater amount reflects
unexpended funds from subparagraph (C) of paragraph (1) of
subdivision (a) of Section 9 of Chapter 2 of the Statutes of 1999,
First
Extraordinary Session.
(39) $50,000,000, or whatever lesser or greater amount reflects
unexpended funds from Item 6110-234-0001, Budget Act of 2003 (Ch.
157, Stats. 2003)
(40) $150,000, or whatever lesser or greater amount reflects
unexpended funds from Item 6110-120-0001, Budget Act of 2003 (Ch.
157, Stats. 2003)
(41) $280,000, or whatever lesser or greater amount reflects
unexpended funds from Schedule 2 of Item 6110-226-0001, Budget
Act of 2003 (Ch. 157, Stats. 2003)
(42) $500,000, or whatever lesser or greater amount reflects
unexpended funds from Schedule 1 of Item 6110-226-0001, Budget
Act of 2003 (Ch. 157, Stats. 2003)
(43) $3,000,000, or whatever lesser or greater amount reflects
unexpended funds from Schedule 5 of Item 6110-226-0001, Budget
Act of 2003 (Ch. 157, Stats. 2003)
(44) $107,000, or whatever lesser or greater amount reflects
unexpended funds from Item 6110-243-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(45) $23,000, or whatever lesser or greater amount reflects
unexpended funds from Item 6110-122-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(46) $36,000, or whatever lesser or greater amount reflects
unexpended funds from Item 6110-128-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(47) $317,071, or whatever lesser or greater amount reflects the
unexpended funds from the appropriation made by subparagraph (1) of
subdivision (a) of Section 40 of Chapter 71 of the Statutes of 2000
(48) $549,080, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (1) of Item 6110-113-0001, Budget
Act of 2001 (Ch. 106, Stats. 2001)
(49) $254,465, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (7) of Item 6110-113-0001, Budget
Act of 2001 (Ch. 106, Stats. 2001)
(50) $25,892, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (41) of Item 6110-485, Budget Act f
2001 (Ch. 106, Stats. 2001)
(51) $139,200, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (1) Item 6110-123-0001, Budget Act
of 2002 (Ch. 379, Stats. 2002)
(52) $880,000, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (3) of Item 6110-123-0001, Budget
Act of 2002 (Ch. 379, Stats. 2002)
(53) $36,500, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (5) of Item 6110-113-0001, Budget
Act of 2001 (Ch. 106, Stats. 2001)
(54) $27,782, or whatever lesser or greater amount reflects the
unexpended funds from the appropriation made by subdivision (a) of
Section 5 of Chapter 196 of the Statutes of 1996
(55) $600,000, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-166-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(56) $20,292, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-167-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(57) $189,838, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-191-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(58) $150,000, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (7) of Item 6110-193-0001, Budget
Act of 2001 (Ch. 106, Stats. 2001)
(59) $60,170, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-195-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(60) $100,000, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (12) of Item 6110-485, Budget Act
of 2001 (Ch. 106, Stats. 2001)
(61) $35,766, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-195-0001, Budget Act of 2002 (Ch.
379, Stats. 2002)
(62) $74,000, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-197-0001, Budget Act of 2002 (Ch.
379, Stats. 2002)
(63) $10,000,000, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-191-0001, Budget Act of 2003 (Ch.
157, Stats. 2003)
(64) $771,000, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (19) of Item 6110-295-0001, Budget
Act of 2001 (Ch. 106, Stats. 2001)
(65) $20,313, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (30) of Item 6110-295-0001, Budget
Act of 2001 (Ch. 106, Stats. 2001)
(66) $13,184,000, of the balance in the Child Care Facilities
Revolving Fund established pursuant to Section 8278.3 of the
Education Code.
(67) $12,902, or whatever lesser or greater amount reflects the
unexpended balance from the funds appropriated in subdivision (a) of
Section 36 of Chapter 82 of the Statutes of 1989.
(68) $6,073, or whatever lesser or greater amount reflects the
unexpended balance from the funds appropriated in subdivision (a) of
Section 4 of Chapter 196 of the Statutes of 1996.
(69) $6,901, or whatever lesser or greater amount reflects the
unexpended balance from the funds appropriated in subdivision (b) of
Section 9 of Chapter 734 of the Statutes of 1999.
(70) $29,846, or whatever lesser or greater amount reflects the
unexpended balance from the funds appropriated in subdivision (c) of
Section 9 of Chapter 734 of the Statutes of 1999.
(71) $20,833, or whatever lesser or greater amount reflects the
unexpended balance from the funds appropriated in Section 1 of
Chapter 962 of the Statutes of 1999.
(72) $486,125, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-126-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(73) $76,573, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-163-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(74) $39,790, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-181-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(75) $187,740, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-184-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(76) $62,925, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-224-0001, Budget Act of 2001 (Ch.
106, Stats. 2001)
(77) $110,000, or whatever lesser or greater amount reflects the
unexpended funds from Schedule (32) of Item 6110-485, Budget Act
of 2001 (Ch. 106, Stats. 2001)
(78) $1,350,400, or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-224-0001, Budget Act of 2002 (Ch.
379, Stats. 2002)
(79) $50,000, or whatever lesser or greater amount reflects
unexpended funds in the 2002-03 fiscal year, from Schedule (2) of
Item 6110-123-0001, Budget Act of 2002 (Ch. 379, Stats. 2002).
(80) $4,740,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-102-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(81) $365,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-108-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(82) $198,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-212-0001, Budget Act of 2002
(Ch. 379, Stats. 2002).
(83) $129,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-108-0001, Budget Act of 2003
(Ch. 157, Stats. 2003).
(84) $1,500,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-212-0001, Budget Act of 2003
(Ch. 157, Stats. 2003).
(85) $33,000, or whatever lesser or greater amount reflects
unexpended funds, from Item 6110-006-0001, Budget Act of 2003
(Ch. 157, Stats. 2003).
(86) Notwithstanding Section 8278 of the Education Code, the sum of
$5,142,000 or whatever is the greater or lesser amount that reflects
the unliquidated General Fund balance of the amount appropriated in
Item 6110-196-0001, Budget Act of 2000 (Ch. 52, Stats. 2000), with
the exception of Schedules (5.1)(b) and (5.2)(b) of that item for
CalWORKs child care programs.
(87) $5,000,000 or whatever is the greater or lesser amount that
reflects the unliquidated General Fund balance of the amount
appropriated for after school programs in Schedule (3) of Item
6110-196-0001, Budget Act of 2001 (Ch. 106, Stats. 2001).
(88) $2,500,000 or whatever is the greater or lesser amount that
reflects the unliquidated General Fund balance of the amount
appropriated for after school programs in Schedule (3) of Item
6110-196-0001, Budget Act of 2002 (Ch. 379, Stats. 2002).
(89) $6,000,000 or whatever is the greater or lesser amount that
reflects the unliquidated General Fund balance of the amount
appropriated for after school programs in Schedule (2) of Item
6110-196-001, Budget Act of 2003 (Ch. 157, Stats. 2003).
(90) $1,323,000 or whatever is the greater or lesser amount that
reflects the unliquidated General Fund balance of the amount
appropriated in Chapter 704 of the Statutes of 2000.
6110-496--Reversion, Department of Education.
Provision:
1. The Superintendent for Public Instruction is hereby authorized to
initiate the reversion of appropriations in cases where the balance
available for reversion is less than $50,000, and either of the
following applies:
(a) The program in question has expired.
(b) The Superintendent for Public Instruction certifies that the
original
purpose of the expenditure would not be accomplished by further
expenditure.
2. The Department of Education may periodically review its accounts
at the State Controller's Office to identify appropriations that meet
these criteria. Upon the request of the Department of Education, and
if
the Director of Finance approves the request, or portions thereof,
the
Director of Finance shall issue an executive order to revert
identified
appropriations. The State Controller shall timely revert
appropriations identified in the executive order to the fund from
which
the appropriation was originally made (or a successor fund in the
case
of an expired fund), or to the Proposition 98 Reserve Account,
whichever is appropriate.
6110-497--Reversion, Department of Education. As of June 30, 2004
the following amount shall revert to the fund balance of the fund
from
which the appropriation was made:
(1) $35,000,000 or whatever greater or lesser amount reflects the
unexpended funds as of June 30, 2004 from the appropriation made by
Item 6110-136-0001 of Section 2.00 of the Budget Act of 2001 (Ch.
106, Stats. 2001)
6120-011-0001--For support of California State Library, Division of
Libraries, and California Library Services Board . . . 9,824,000
Schedule:
(1) 10-State Library Services . . . 12,723,000
(2) 20-Library Development Services . . . 3,959,000
(3) 30-Information Technology Services . . . 894,000
(4) 40.01-Administration . . . 1,642,000
(5) 40.02-Distributed Administration . . . -1,642,000
(6) Reimbursements . . . -1,599,000
(7) Amount payable from the Federal Trust Fund (Item
6120-011-0890) . . . -6,153,000
Provisions:
1. Of the amount appropriated in Schedule (1) of this item, $76,000
is
for repair and maintenance costs of the Library and Courts II
Building.
6120-011-0020--For support of the California State Library, Program
10-State Library Services, for support of the State Law Library,
payable from the California State Law Library Special Account . . .
589,000
Provisions:
1. The Director of Finance may authorize the augmentation of the
total
amount available for expenditure under this item in the amount of
revenue received by the State Law Library Special Account which is
in addition to the revenue appropriated by this item or in the amount
of
funds unexpended from previous fiscal years, not sooner than 30 days
after notification in writing to the chairpersons of the fiscal
committees of each house and the Chairperson of the Joint Legislative
Budget Committee.
6120-011-0890--For support of California State Library, for payment
to Item 6120-011-0001, payable from the Federal Trust Fund . . .
6,153,000
6120-011-6000--For support of California State Library, Program
20-Library Development Services-Office of Library Construction
(Proposition 14), payable from the California Public Library
Construction and Renovation Fund . . . 2,589,000
6120-011-6029--For support of California State Library, Program
10-State Library Services-Administration of the California Cultural
and Historical Endowment, payable from the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund . . .
1,557,000
Provisions:
1. Funds in this item are available for the administration of the
California Cultural and Historical Endowment authorized by Chapter
157, Statutes of 2003.
6120-012-0001--For support of the California State Library for rental
payments on lease-revenue bonds . . . 2,457,000
Schedule:
(1) Base Rental and Fees . . . 2,467,000
(2) Insurance . . . 26,000
(3) Reimbursements . . . -36,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
6120-013-0001--For support of California State Library, Program
10-State Library Services--Sutro Library Special Repairs Project . .
.
267,000
Provisions:
1. Of the funds appropriated in this item, $250,000 is for repair of
the
roof.
6120-150-0001--For local assistance, California State Library, for
the California Civil Liberties Public Education Program . . . 500,000
Provisions:
1. The funds appropriated in this item shall be used to provide
competitive grants pursuant to the pro visions of Part 8.5
(commencing with Section 13000) of Division 1 of the Education
Code.
6120-151-0483--For support of the California State Library, Program
20-Library Development Services, for telephonic services authorized
by Chapter 654 of the Statutes of 2001, payable from the California
Deaf and Disabled Telecommunications Program Administrative
Committee Fund . . . 441,000
6120-160-0001--For local assistance, California State Library,
Program 20-Library Development Services--California Newspaper
Project . . . 240,000
6120-211-0001--For local assistance, California State Library,
Program 20-Library Development Services . . . 15,170,000
Schedule:
(1) 20.30-Direct Loan and Interlibrary Loan Programs . . . 12,145,000
(2) 20.40-Computerized database pursuant to Section 18767 of the
Education Code . . . 175,000
(3) 20.50-California Library Services Act pursuant to Chapter 4
(commencing with Section 18700) of Part 11 of the Education Code . .
. 2,850,000
6120-211-0890--For local assistance, California State Library,
Program 20-Library Development Services, payable from the Federal
Trust Fund . . . 12,518,000
6120-213-0001--For local assistance, California State Library,
Program 20-Library Development Services-California English
Acquisition and Literacy Program . . . 5,340,000
Provisions:
1. Funds in this item are available for the California English
Acquisition and Literacy Program pursuant to Section 18736 of the
Education Code.
6120-221-0001--For local assistance, California State Library,
Program 20-Library Development Services-Public Library
Foundation Program . . . 14,360,000
Provisions:
1. Notwithstanding any other provision of law, for the 2004-05 fiscal
year, the date on or before which the fiscal officer of each public
library shall report to the State Librarian the information
specified in
Section 18023 of the Education Code shall be December 1, 2004.
2. Notwithstanding any other provision of law, for the 2004-05 fiscal
year, the date on or before which the Controller shall distribute
funds
to the fiscal officer of each public library as specified in Section
18026 of the Education Code shall be February 15, 2005.
3. It is the intent of the Legislature that the funds appropriated in
this
item be allocated consistent with the provisions of Section 18025 of
the Education Code.
6120-490--Reappropriation, California State Library. The balance of
the appropriation provided in the following citation is
reappropriated
for the purpose provided in that appropriation and shall be available
for encumbrance and expenditure until June 30, 2007:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 6120-101-6029 of the Budget Act of 2003 (Ch. 157, Stats.
2003)
6125-001-0001--For support of the Education Audit Appeals Panel . .
. 1,257,000
6125-495--Reversion, Education Audit Appeals Panel. The following
amount shall revert to the General Fund:
(1) $609,000 from subdivision (c) of Section 15 of Chapter 1128,
Statutes of 2002.
6130-001-0942--For support of the California Quality Education
Commission, payable from the California Quality Education Special
Deposit Fund . . . 188,000
6255-001-0001--For support of California State Summer School for
the Arts, Program 10 . . . 756,000
6330-001-0890--For support of the California Occupational
Information Coordinating Committee, payable from the Federal Trust
Fund . . . 313,000
6360-001-0407--For support of the Commission on Teacher
Credentialing, payable from the Teacher Credentials Fund . . .
14,411,000
Schedule:
(1) 10-Standards for Preparation and Licensing of Teachers . . .
14,650,000
(2) 10.40.010-Departmental Administration . . . (4,523,000)
(3) 10.40.020-Distributed Departmental Administration . . .
(-4,523,000)
(4) Reimbursements (Cultural Competency Study) . . . -239,000
Provisions:
1. The amount appropriated in this item may be increased based on
increases in credential applications, increases in first-time
credential
applications requiring fingerprint clearance, unanticipated costs
associated with certificate discipline cases, or unanticipated costs
of
litigation, subject to approval of the Department of Finance, not
sooner than 30 days after notification in writing to the chairpersons
of
the fiscal committees of each house and the Chairperson of the Joint
Legislative Budget Committee.
3. To ensure the Teacher Credentials Fund reserve remains at a
prudent level, the Commission on Teacher Credentialing shall charge
no more than $55 for the issuance or renewal of a teaching
credential.
4. Of the funds appropriated in Schedule (1) of this item, $366,000
is
for maintenance costs of the Teacher Credentialing Service
Improvement Project.
5. If the funds available in the Teacher Credentials Fund are
insufficient to meet the operational needs of the Commission on
Teacher Credentialing, the Department of Finance may authorize a
loan to be provided from the Test Development and Administration
Account to the Teacher Credentials Fund. The Department of Finance
shall notify the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, of its intent to request that the
Controller transfer the amount projected to be required from the Test
Development and Administration Account to the Teacher Credentials
Fund. The Controller shall transfer those funds not sooner than 30
days after this notification.
6. Of the funds provided in Schedule (1), $120,000 is carryover
funding provided for staff training related to the Teacher
Credentials
Service Improvement Project. Expenditure of these funds is contingent
upon approval of an expenditure plan by the Director of Finance.
7. The Commission on Teacher Credentialing (CTC) shall submit
quarterly reports to the Legislature, the Legislative Analyst's
Office,
and the Department of Finance on the minimum, maximum, and
average number of days taken to process: (a) renewal and
university-recommended credentials, (b) out-of-state and special
education credentials, (c) service credentials and supplemental
authorizations, (d) adult and vocational education certificates and
child center permits, and (e) emergency permits. The quarterly
reports
shall commence on October 1, 2004, and provide monthly data for
July, August, and September. Subsequent reports shall include
historical data as well as data from the most recent quarter. The CTC
shall work to reduce its processing time.
8. By January 1, 2005, the CTC shall submit a short report to the
Legislature and the Department of Finance identifying at least three
feasible options to further reduce processing time that could be
implemented in 2005-06. These options may include procedural and
statutory changes to CTC's application review process.
6360-001-0408--For support of the Commission on Teacher
Credentialing, payable from the Test Development and Administration
Account, Teacher Credentials Fund . . . 9,678,000
Schedule:
(1) 10-Standards for Preparation and Licensing of Teachers . . .
9,678,000
Provisions:
1. The amount appropriated in this item may be increased for
unanticipated costs of litigation, or for costs from increases in the
number of examinees, subject to approval of the Department of
Finance, not sooner than 30 days after notification in writing to the
chairpersons of the fiscal committees of each house and the
Chairperson of the Joint Legislative Budget Committee.
2. Notwithstanding Section 44234 of the Education Code, funds that
are set aside for pending litigation costs shall not be considered
part
of the reserve of the Teacher Credentials Fund for purposes of
subdivision (b) of Section 44234 of the Education Code.
3. If the funds available in the Teacher Credentials Fund are
insufficient to meet the operational needs of the Commission on
Teacher Credentialing, the Department of Finance may authorize a
loan to be provided from the Test Development and Administration
Account to the Teacher Credentials Fund. The Department of Finance
shall notify the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, of its intent to request that the
Controller transfer the amount projected to be required from the Test
Development and Administration Account to the Teacher Credentials
Fund. The Controller shall transfer those funds not sooner than 30
days after this notification.
6360-001-0890--For support of the Commission on Teacher
Credentialing, payable from the Federal Trust Fund . . . 147,000
Provisions:
1. The funds appropriated in this item are available as one-time
carryover for the federal Troops to Teachers program.
6360-101-0001--For local assistance, Commission on Teacher
Credentialing (Proposition 98), Program 10, Standards for
Preparation and Licensing of Teachers . . . 31,814,000
Schedule:
(1) 10.20.001-Alternative Certification Program . . . 24,923,000
(2) 10.20.002-California School Paraprofessional Teacher Training
Program . . . 6,583,000
(3) 10.10.001-Teacher Misassignment Monitoring . . . 308,000
Provisions:
1. The funds appropriated in Schedule (1) are for school districts
and
county offices of education participating in the alternative
certification
programs established pursuant to Article 11 (commencing with
Section 44380) of Chapter 2 of Part 25 of the Education Code.
2. The funds appropriated in Schedule (2) are for school districts
and
county offices of education participating in the California School
Paraprofessional Teacher Training Program established pursuant to
Article 12 (commencing with Section 44390) of Chapter 2 of Part 25
of the Education Code.
3. The funds appropriated in Schedule (3) shall be used to reimburse
county offices of education for costs associated with monitoring
public schools and school districts for teacher misassignments. Funds
shall be allocated on a basis determined by the commission. Districts
and county offices receiving funds for credential monitoring will
provide reasonable and necessary information to the commission as a
condition of receiving these funds.
6360-485--Reappropriation (Proposition 98), California Commission
on Teacher Credentialing. The sum of $3,500,000 is reappropriated
from the Proposition 98 Reversion Account for the following purpose:
0001--General Fund
(1) $3,500,000 to support the California Pre-Internship Teaching
Program authorized pursuant to Article 5.6 (commencing with Section
44305) of Chapter 2 of Part 25 of the Education Code for one year.
6360-495--Reversion, California Commission on Teacher
Credentialing. The following amounts shall revert to the Proposition
98 Reversion Account:
(1) $3,887,000 or whatever lesser or greater amount reflects
unexpended funds from Schedule (1) of Item 6360-101-0001, Budget
Act of 2002 (Ch. 379, Stats. 2002).
(2) $528,000 or whatever lesser or greater amount reflects
unexpended funds from Schedule (2) of Item 6360-101-0001, Budget
Act of 2002 (Ch. 379, Stats. 2002).
(3) $1,191,000 or whatever lesser or greater amount reflects
unexpended funds from Item 6360-485, Budget Act of 2002 (Ch. 379,
Stats. 2002).
6420-001-0001--For support of California Postsecondary Education
Commission . . . 1,999,000
Schedule:
(1) 100000-Personal Services . . . 1,846,000
(2) 300000-Operating Expenses and Equipment . . . 567,000
(3) Reimbursements . . . -3,000
(4) Amount payable from the Federal Trust Fund (Item
6420-001-0890) . . . -411,000
6420-001-0890--For support of California Postsecondary Education
Commission, for payment to Item 6420-001-0001, payable from the
Federal Trust Fund . . . 411,000
6420-101-0890--For local assistance, California Postsecondary
Education Commission, payable from the Federal Trust Fund . . .
8,579,000
Provisions:
1. The funds appropriated in this item are for local assistance
activities funded through the No Child Left Behind Act (P.L.
107-110).
6440-001-0001--For support of University of California . . .
2,503,042,000
Schedule:
(1) Support . . . 2,419,663,000
(2) Charles R. Drew Medical Program . . . 8,136,000
(3) Acquired Immune Deficiency Syndrome (AIDS) Research . . .
9,699,000
(4) Student Financial Aid . . . 52,199,000
(5) Loan Repayments . . . 5,105,000
(6) San Diego Supercomputer Center . . . 3,240,000
(7) Subject Matter Projects . . . 5,000,000
Provisions:
1. The appropriations made in this item are exempt from Section
31.00 of this act.
2. None of the funds appropriated in this item may be expended to
initiate major capital outlay projects by contract without prior
legislative approval, except for cogeneration and energy conservation
projects. Exempted projects shall be reported in a manner consistent
with the reporting procedures in subdivision (d) of Section 28.00 of
this act.
3. The funds appropriated in Schedule (2) are for support of
University of California program of clinical health sciences
education, research, and public service, conducted in conjunction
with
the Charles R. Drew University of Medicine and Science, as provided
for in Sections 1, 2, and 3 of Chapter 1140 of the Statutes of 1973.
Of
the amount appropriated, $500,000 is contingent upon the provision
by the University of California of an equal amount of matching funds
from its own resources. The University of California shall ensure by
adequate controls that funds appropriated by Schedule (2) are
expended solely for the support of the program identified in that
schedule.
4. Of the amount appropriated in Schedule (1), $2,629,957 shall be
available for expenditure only for support of the Northern and
Southern Occupational Health Centers as established by a contract
entered into with the Department of Indus-trial Relations pursuant to
Section 50.8 of the Labor Code.
5. The funds appropriated in Schedule (4) are for support of Program
45, Student Financial Aid, to provide financial aid to needy students
attending the University of California, according to the nationally
accepted needs analysis methodology.
6. Of the amount appropriated in Schedule (1), $7,462,800 is for
payment of energy service contracts in connection with the issuance
of
Public Works Board Energy Efficiency Revenue Bonds.
7. Of the
amount appropriated in Schedule (5), $2,700,000 is for
repayment of $25,000,000 borrowed by the University of California
for deferred maintenance in the 1994-95 fiscal year. It is the intent
of
the Legislature to annually provide funds for that repayment purpose
through the 2009-10 fiscal year.
8. Of the amount appropriated in Schedule (5), $2,405,000 is for
repayment of $25,000,000 borrowed by the University of California
for deferred maintenance in the 1995-96 fiscal year. It is the intent
of
the Legislature to annually provide funds for that repayment purpose
through the 2010-11 fiscal year.
9. Of the funds appropriated in Schedule (1), $475,000 shall be
expended for the Center for Earthquake Engineering Research,
contingent upon the center continuing to receive federal matching
funds from the National Science Foundation.
10. Of the funds appropriated in Schedule (1), $385,000 shall be
expended for viticulture and enology research contingent upon the
receipt of an equal amount of private sector matching funds.
11. Of the funds appropriated in Schedule (1), $18,468,000 is for
substance abuse research at the University of California, San
Francisco campus in the Neurology Department.
12. Of the amount appropriated in Schedule (1), $1,609,000 is for the
California State Summer School for Math and Science.
13. Of the amount appropriated in Schedule (1), $770,000 is for the
Welfare Policy Research Project, per Article 9.7 (commencing with
Section 11526) of Chapter 2 of Part 3 of the Welfare and Institutions
Code.
14. Of the amount appropriated in Schedule (1), $770,000 shall be
used for lupus research at the University of California at San
Francisco.
15. Of the amount appropriated in Schedule (1), $1,539,000 shall be
used to expand spinal cord injury research.
16. Of the amount appropriated in Schedule (1), $3,848,000 is to fund
the Medical Investigation of Neurodevelopmental Disorders (MIND)
Institute, including $3,500,000 for research grants program.
17. Notwithstanding Section 3.00, for the term of the financing, the
University of California may use funds appropriated in Schedule (1)
for debt services and costs associated with the purchase, renovation,
and financing of a facility for the UC-Mexico research and academic
programs in Mexico City. The amount to be financed shall not exceed
$7,000,000.
18. The funds appropriated in Schedule (7) are for support of the
Science Subject Matter Projects.
19. The University of California shall offer enrollment in 2004-05 to
every eligible applicant who was offered participation in the
Guaranteed Transfer Option Program. The amount appropriated in
Schedule (1) includes funding for the University of California to
enroll 200,976 full-time-equivalent students (FTES). The Legislature
expects the university to enroll this number FTES during the 2004-05
academic year. The university shall report to the Legislature by
March
15, 2005, on whether it has met the 2004-05 enrollment goal. If the
university does not meet this goal, the Director of Finance shall
revert
to the General Fund the total amount of enrollment funding associated
with the share of the enrollment goal that was not met.
20. Of the amount appropriated in Schedule (1), $29,300,000 is
appropriated for academic preparation programs identified pursuant
to Provision 10 of Item 6440-001-0001 of the Budget Act of 2003. It
is the intent of the Legislature that the university report on the
use of
the funds provided in this item. This report should include detailed
information on the outcomes and effectiveness of academic
preparation programs. The report should be submitted to the fiscal
committee of each house of the Legislature by no later than March 15,
2005.
6440-001-0007--For support of University of California, payable
from the Breast Cancer Research Account . . . 14,920,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act, the
funds appropriated in this item shall be available for expenditure
until
June 30, 2007.
6440-001-0046--For support of University of California, Institute of
Transportation Studies, payable from the Public Transportation
Account, State Transportation Fund . . . 980,000
6440-001-0234--For support of the University of California, payable
from the Research Account, Cigarette and Tobacco Products Surtax
Fund . . . 14,253,000
Provisions:
1. The funds appropriated in this item are to be allocated for
research
regarding tobacco use, with an emphasis on youth and young adults,
including, but not limited to, the effects of active and passive
smoking,
the primary prevention of tobacco use, nicotine addiction and its
treatment, the effects of secondhand smoke, and public health issues
surrounding tobacco use.
2. Notwithstanding subdivision (a) of Section 2.00 of this act, the
funds appropriated in this item are available for expenditure until
June
30, 2007.
6440-001-0308--For support of the University of California, payable
from the Earthquake Risk Reduction Fund of 1996 . . . 1,500,000
Provisions:
1. The funds appropriated in this item shall be expended for the
Center for Earthquake Engineering Research, contingent upon the
center continuing to receive federal matching funds from the National
Science Foundation.
6440-001-0321--For support of University of California, payable
from the Oil Spill Response Trust Fund . . . 1,300,000
Provisions:
1. The funds appropriated in this item shall be available to support
the
Oiled Wildlife Care Network.
6440-001-0814--For support of University of California, for
allocation by the Controller in accordance with the provisions of
Section 8880.5 of the Government Code, as approved by the voters in
Proposition 37 at the November 6, 1984, statewide general election,
payable from the California State Lottery Education Fund . . .
24,011,000
Provisions:
1. All funds received pursuant to Proposition 37 that are allocable
to
the University of California pursuant to Section 8880.5 of the
Government Code, and that are in excess of the amount appropriated
in this item are hereby appropriated in augmentation of this item.
6440-001-0890--For support of University of California, payable
from the Federal Trust Fund . . . 5,000,000
Provisions:
1. The funds appropriated in this item are for the federal Gaining
Early Awareness and Readiness for Undergraduate Programs (GEAR
UP) (20 U.S.C. 1070a-21 et seq.). These funds are provided to the
University of California as the fiscal agent for this intersegmental
program.
6440-001-0945--For support of the University of California, payable
from the California Breast Cancer Research Fund . . . 927,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act, the
funds appropriated in this item shall be available for expenditure
until
June 30, 2007.
6440-001-3054--For support of University of California . . .
3,237,000
Provisions:
1. The funds appropriated in this item shall be used to support the
analysis of health care-related legislation, in accordance with
Chapter
795 of the Statutes of 2002.
6440-002-0001--For support of University of California . . .
(55,000,000)
Provisions:
1. Notwithstanding Section 2.00 of this act, the funds appropriated
in
this item are not available for expenditure or encumbrance prior to
July 1, 2005. Claims for these funds shall be submitted by the
University of California on or after July 1, 2005, and before October
1, 2005.
2. No reserve may be established by the Controller for this
appropriation before July 1, 2005.
6440-003-0001--For support of the University of California, for
payments on lease-purchase bonds. . . . 138,183,000
Schedule:
(1) Rental, insurance and administrative payments . . . 140,152,000
(2) Reimbursements . . . -1,969,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
6440-004-0001--For support of University of California . . .
20,000,000
Provisions:
1. Funds shall be available for planning and startup costs associated
with academic programs to be offered in the San Joaquin Valley and
planning, startup costs, and ongoing support for the Merced campus,
including the following: (a) site studies, infrastructure planning,
community planning and development, long-range development plans,
environmental studies, and other physical planning activities; (b)
academic planning activities, support of academic program offerings
prior to the opening of the new campus, and faculty recruitment; (c)
the acquisition of instructional materials and equipment; and (d)
ongoing operating support for faculty, staff, and other annual
operating
expense for the new campus.
2. The University of California may enter into lease agreements with
an option to purchase facilities in the Central Valley associated
with
the Merced campus. The lease agreement with an option to purchase
shall be submitted to the Department of Finance for review and
concurrence prior to execution of the lease to ensure that the
proposed
lease is consistent with legislative intent. The submission of the
lease
shall also include an economic analysis detailing the cost benefit of
the project.
6440-005-0001--For support of University of California . . .
4,750,000
Provisions:
1. Notwithstanding any other provision of law, the funds appropriated
in this item are available for expenditure without regard to fiscal
year.
Funds in this item are provided on a one-time basis to support the
California Institutes for Science and Innovations.
6440-011-0042--For transfer by the Controller from the State
Highway Account, State Transportation Fund to the Earthquake Risk
Reduction Fund of 1996 . . . (1,000,000)
6440-301-0660--For capital outlay, University of California, payable
from the Public Buildings Construction Fund . . . 55,000,000
Schedule:
Riverside Campus:
(1) 99.05.195-Genomics Building--Preliminary plans, working
drawings, construction and equipment . . . 55,000,000
Provisions:
1. The State Public Works Board may issue lease-revenue bonds,
notes, or bond anticipation notes pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b of Division 3 of Title 2 of the
Government Code to finance the acquisition, design, and construction
of the projects authorized by this item.
2. The State Public Works Board and the University of California may
obtain interim financing for the project costs authorized in this
item
from any appropriate source including, but not limited to, the
Pooled
Money Investment Account pursuant to Sections 16312 and 16313 of
the Government Code.
3. The State Public Works Board may authorize any additional amount
necessary to establish a reasonable construction reserve and to pay
the cost of financing including the payment of interest during
construction of the project, the costs of financing a debt service
fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim
financing obtained.
4. Notwithstanding Section 2.00 of this act or any other provision of
law, the appropriation made by this item is available for encumbrance
until June 30, 2007.
5. The University of California is authorized and directed to execute
and deliver any and all leases, contracts, agreements or other
documents necessary or advisable to consummate the sale of bonds or
otherwise effectuate the financing of the scheduled projects.
6. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (commencing with Section 21000 of the Public Resources
Code) for any activities under the State Building Construction Act of
1955 (commencing with Section 15800 of the Government Code).
This section does not exempt the University of California from the
requirements of the California Environmental Quality Act. This
section is intended to be declarative of existing law.
6440-301-6041--For capital outlay, University of California, payable
from the Higher Education Capital Outlay Bond of 2004 . . .
236,571,000
Schedule:
Universitywide:
(1) 99.00.050-Northern Regional Library Facility, Phase
3-Equipment . . . 499,000
Davis Campus:
(2) 99.03.305-Robert Mondavi Institute for Wine and Food
Science--Construction . . . 32,135,000
(3) 99.03.310-Seismic Corrections, Phase 4--Construction . . .
6,714,000
Los Angeles Campus:
(4) 99.04.245-Geology Seismic Correction--Construction . . .
9,489,000
(5) 99.04.265-Life Sciences Replacement Building--Preliminary
plans . . . 2,200,000
(6) 99.04.320-CHS South Tower Seismic Renovation, Phase
A-Working drawings . . . 2,500,000
Riverside Campus:
(7) 99.05.180-Psychology Building--Construction . . . 30,192,000
San Diego Campus:
(8) 99.06.325-Pharmaceutical Sciences Building--Equipment . . .
2,049,000
(9) 99.06.340-Student Academic Services Facility--Construction . . .
19,461,000
(10) 99.06.350-Satellite Utilities Plant, Phase 1--Construction . . .
8,200,000
(11) 99.06.355-Mayer Hall Addition and Renovation--Construction . .
. 25,096,000
(12) 99.06.360-Applied Physics and Mathematics
Renovation--Construction . . . 8,809,000
(13) 99.06.370-Music Building--Preliminary plans and working
drawings . . . 3,802,000
San Francisco Campus:
(14) 99.02.145-Medical Sciences Building Improvements, Phase
2--Working drawings . . . 1,632,000
Santa Barbara Campus:
(15) 99.08.115-Psychology Building Addition and
Renovation--Equipment . . . 410,000
(16) 99.08.125-Biological Sciences Buildings
Renovation--Construction . . . 9,691,000
(17) 99.08.130-Education and Social Sciences
Building--Construction . . . 49,706,000
Santa Cruz Campus:
(18) 99.07.155-Seismic Corrections, Phase 3--Working drawings and
construction . . . 7,514,000
(19) 99.07.160-Alterations for Engineering, Phase 2--Construction . .
. 4,002,000
(20) 99.07.165-McHenry Project--Working drawings . . . 1,461,000
(21) 99.07.170-Alterations for Engineering, Phase 3--Preliminary
plans and working drawings . . . 389,000
(22) 99.07.175-Digital Arts Facility--Preliminary plans . . .
1,330,000
Merced Campus:
(23) 99.11.035-Logistical Support/Service Facilities--Construction
and equipment . . . 9,290,000
Provisions:
1. Identified savings in funds encumbered from this general
obligation
bond fund for construction contracts for capital outlay projects,
remaining after completion of a capital outlay project and upon
resolution of all change orders and claims, may be used: (a) to begin
working drawings for a project for which preliminary plan funds have
been appropriated and the plans have been approved by the State
Public Works Board consistent with the scope and cost approved by
the Legislature as adjusted for inflation only, (b) to proceed
further
with the underground tank corrections program, (c) to perform
engineering evaluations on buildings that have been identified as
potentially in need of seismic retrofitting, (d) to proceed with
design
and construction of projects to meet requirements under the federal
Americans with Disabilities Act of 1990, or (e) to fund minor capital
outlay projects.
No later than March 1, 2005, the University of California shall
provide the Legislative Analyst with a progress report showing the
identified savings by project, and the purpose for which the
identified
savings were used.
No later than November 1, 2005, the University of California shall
prepare a report showing (a) the identified savings by project and
(b)
the purpose for which the identified savings were used. This report
shall be submitted to the Chair of the Joint Legislative Budget
Committee and to the chairs of the fiscal committees in each house.
2. The funds provided under this item shall be available for
expenditure only if the University of California requires the payment
of prevailing wage rates by the contractors and subcontractors on all
projects in this item and on all other capital outlay projects
undertaken
by the University of California that are funded using nonstate funds
or
are otherwise not financed with the funds appropriated in this item.
This requirement shall represent a moratorium on granting further
exceptions to paying prevailing wage until June 30, 2005.
6440-302-6041--For capital outlay, University of California, payable
from the 2004 Higher Education Capital Outlay Bond Fund . . .
102,865,000
Schedule:
Davis Campus:
(1) 99.03.320-Life Sciences Alterations, Phase 2--Preliminary plans,
working drawings and construction . . . 3,506,000
(2) 99.03.325-Physical Sciences Expansion--Preliminary plans . . .
2,235,000
(3) 99.03.330-Campus Wastewater Treatment Plant Expansion, Phase
1--Preliminary plans, working drawings and construction . . .
3,543,000
Irvine Campus:
(4) 99.09.345-Biological Sciences Unit 3--Construction . . .
50,120,000
(5) 99.09.350-Engineering Unit 3--Preliminary plans and working
drawings . . . 3,440,000
Los Angeles Campus:
(6) 99.04.230-Campbell Hall Seismic Correction--Construction . . .
5,084,000
(7) 99.04.260-GSEIS Seismic Correction--Preliminary plans,
working drawings and construction . . . 2,680,000
Riverside Campus:
(8) 99.05.185-Geology and Physics Building
Renovation--Preliminary plans, working drawings and construction . .
. 17,777,000
(9) 99.05.190-Materials Science and Engineering
Building--Preliminary plans and working drawings . . . 3,749,000
San Diego Campus:
(10) 99.06.365-SIO Research Support Facilities--Preliminary plans,
working drawings and construction . . . 3,426,000
Santa Barbara Campus:
(11) 99.08.140-Electrical Infrastructure Renewal Phase 2--Working
drawings and construction . . . 7,305,000
Provisions:
1. Notwithstanding Section 13332.11 of the Government Code or any
other provision of law, the University of California may proceed with
any phase of any project identified in the above schedule, including
preparation of preliminary plans, working drawings, construction, or
equipment purchase, without the need for any further approvals.
2. The University of California shall complete each project
identified
in the above schedule within the total funding amount specified in
the
schedule for that project. Notwithstanding Section 13332.11 of the
Government Code or any other provision of law, the budget for any
project to be funded from this item may be augmented by the
University of California within the total appropriation made by this
item, in an amount not to exceed 10 percent of the amount
appropriated for that project. No funds appropriated by this item for
equipment may be used for an augmentation under this provision, or
be augmented from any other funds appropriated by this item. This
condition does not limit the authority of the University of
California to
use non-state funds.
3. The University of California shall complete each project
identified
in the above schedule without any change to its scope. The scope of a
project means, in this respect, the intended purpose of the project
as
determined by reference to the following elements of the budget
request for that project submitted by the University of California
to
the Department of Finance: (a) the program elements related to
project
type, and (b) the functional description of spaces required to
deliver
the academic and supporting programs as approved by the Legislature.
4. Notwithstanding Section 2.00 of this act or any other provision of
law, the appropriation made by this item is available for
encumbrance during the 2004-05 and 2005-06 fiscal years, except that
the funds appropriated for construction only must be bid during the
2004-05 fiscal year, and are available for expenditure through
2005-06, and that the funds appropriated for equipment purposes are
available for encumbrance until June 30, 2007. For the purposes of
encumbrance, funds appropriated for construction management and
project contingencies purposes, as well as any bid savings, shall be
deemed to be encumbered at the time a contract for that purpose is
awarded; these funds also may be used to initiate consulting
contracts
necessary for management of the project during the liquidation
period.
Any savings identified at the completion of the project also may be
used during the liquidation period to fund the purposes described in
Provision 5.
5. Identified savings in a budget for a capital outlay project, as
appropriated by this item, remaining after completion of a capital
outlay project and upon resolution of all change orders and claims,
may be used without further approval: (a) to augment projects
consistent with Provision 2, (b) to proceed further with the
underground tank corrections program, (c) to perform engineering
evaluations on buildings that have been identified as potentially in
need of seismic retrofitting, (d) to proceed with the design and
construction of projects to meet requirements under the federal
Americans with Disabilities Act of 1990, or (e) to fund minor capital
outlay projects.
6. No later than December 1 of each year, the University of
California
shall submit a report outlining the expenditure for each project of
the
funds appropriated by this item to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the fiscal
committees of each house, the Legislative Analyst, and the Director
of
Finance. The report also shall include the following elements: (a) a
statement of the identified savings by project, and the purpose for
which the identified savings were used; (b) a certification that each
project as proceeding or as completed, has remained within its scope
and the amount funded for that project under this item; and (c) an
evaluation of the outcome of the project measured against
performance criteria.
7. The projects identified in Schedules (4) and (5) of this item may
utilize design-build construction consistent with practices,
policies,
and procedures of the University of California.
6440-401--Identified savings in funds encumbered from Higher
Education Capital Outlay Bond Funds of 1986, 1988, 1990, 1992,
1996, 1998, and 2002 for capital outlay projects, remaining after
completion of a capital outlay project and upon resolution of all
change orders and claims, may be used: (a)
to begin working drawings for a project for which preliminary plan
funds have been appropriated and the plans have been approved by
the State Public Works Board consistent with the scope and cost
approved by the Legislature as adjusted for inflation only, (b)
to proceed further with the underground tank corrections program,
(c)
to perform engineering evaluations on buildings that have been
identified as potentially in need of seismic retrofitting, (d)
to proceed with design and construction of projects to meet
requirements under the federal Americans with Disabilities Act, and
(e) for identified savings in funds encumbered from the Higher
Education Capital Outlay Bond Funds of 1996, 1998, and 2002, to
fund minor capital outlay projects. No later than December 1 of
each
year, the University of California shall prepare a report showing (a)
the identified savings by project and (b) the purpose for which the
identified savings were used. This report shall be submitted to the
Chairperson of the Joint Legislative Budget Committee and to the
chairs of the fiscal committees in each house.
6440-490--Reappropriation, University of California.
Notwithstanding any other provision of law, the balances as of June
30, 2004, of the appropriations provided in the following citations
are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in the appropriations and shall be
available for encumbrance and expenditure until June 30, 2005:
0001--General Fund
(1) Item 6440-001-0001 of Section 2.00 of the Budget Act of 2003
(Ch. 157, Stats. 2003).
Provisions:
1. Of the funds reappropriated in this item from Item 6440-001-0001
of Section 2.00 of the Budget Act of 2003 (Ch. 157, Stats. 2003),
$15,000,000 shall be available for deferred maintenance, special
re-pair projects, and the replacement of instructional equipment. As
of June 30, 2004, the balance of the funds from that item in excess
of
$15,000,000 shall revert to the General Fund.
2. The University of California shall report to the Department of
Finance and the Joint Legislative Budget Committee the amount of the
balance, on June 30, 2004, of Item 6440-001-0001 of Section 2.00 of
the Budget Act of 2003 (Ch. 157, Stats. 2003), by September 30,
2004, and the expenditures made pursuant to this item by September
30, 2005.
6600-001-0001--For support of Hastings College of the Law . . .
8,119,000
Provisions:
1. The appropriation made in this item is exempt from Section 31.00
of this act.
2. Of the funds appropriated in this item, $774,000 is for support of
Program 40, Student Services, to provide financial aid to needy
students attending the Hastings College of the Law, according to the
nationally accepted needs analysis methodology.
3. Notwithstanding any other law, funds in this item shall not be
expended at a rate in excess of one-twelfth of the total amount in
any
month of the 2004-05 fiscal year.
6600-001-0814--For support of Hastings College of the Law, for
allocation by the Controller in accordance with the provisions of
Section 8880.5 of the Government Code, as approved by the voters in
Proposition 37 at the November 6, 1984, statewide general election,
payable from the California State Lottery Education Fund . . .
154,000
Provisions:
1. All funds received pursuant to Proposition 37 that are allocable
to
the Hastings College of the Law pursuant to Section 8880.5 of the
Government Code, and that are in excess of the amount appropriated
in this item are hereby appropriated in augmentation of this item.
6600-301-6028--For capital outlay, Hastings College of the Law . . .
18,758,000
Schedule:
(1) 60.10.002-200 McAllister Street Facility: Code Compliance
Update--Construction . . . 18,758,000
Provisions:
1. Identified savings in funds encumbered from this general
obligation
bond fund for construction contracts for capital outlay projects,
remaining after completion of a capital outlay project and upon
resolution of all change orders and claims, may be used: (a) to begin
working
drawings for a project for which preliminary plan funds have
been appropriated and the plans have been approved by the State
Public Works Board consistent with the scope and cost approved by
the Legislature as adjusted for inflation only, (b) to proceed
further
with the underground tank corrections program, (c) to perform
engineering evaluations on buildings that have been identified as
potentially in need of seismic retrofitting, (d) to proceed with
design
and construction of projects to meet requirements under the federal
Americans with Disabilities Act of 1990, or (e) to fund minor capital
outlay projects.
6610-001-0001--For support of the California State University . . .
2,383,638,000
Schedule:
(1) Support . . . 3,736,029,000
(2) Reimbursements . . . -186,818,000
(3) Amount payable from the Higher Education Fees and Income, CSU
Fund (Item 6610-001-0498) . . . -1,165,573,000
Provisions:
1. The appropriations made in this item are exempt from Section
31.00 of this act, except as otherwise provided by the applicable
sections of the Government Code referred to in Section 31.00.
2. Of the amount appropriated in this item, $350,000 is for transfer
to
the Affordable Student Housing Revolving Fund for the purpose of
subsidizing interest costs in connection with bond financing for
construction of affordable student housing at the Fullerton and
Hayward campuses in accordance with Article 3 (commencing with
Section 90085) of Chapter 8 of Part 55 of the Education Code.
3. Of the amount appropriated in this item, $1,878,000 is for
repayment of the $17,000,000 financed for the California State
University through a third party for deferred maintenance projects
in
the 1994-95 fiscal year. It is the intent of the Legislature to
annually
provide funds for that repayment purpose through the 2009-10 fiscal
year.
4. Of the amount appropriated in this item, $2,309,000 is for
repayment of the $24,000,000 financed for the California State
University through a third party for deferred maintenance projects in
the 1995-96 fiscal year. It is the intent of the Legislature to
annually
provide funds for that repayment purpose through the 2010-11 fiscal
year.
5. Of the amount appropriated in this item, $1,700,000 is for support
of the converted Stockton Developmental Center into the Regional and
Continuing Education Center at CSU, Stanislaus.
6. Of the amount appropriated in this item, $33,785,000 is provided
for student financial aid grants. These financial aid funds shall be
provided to needy students according to the nationally accepted needs
analysis methodology.
7. Notwithstanding Section 70000 of the Education Code, Governor's
Teaching Fellowships may not be awarded in 2004-05 and no funding
is provided for this purpose.
8. The amount appropriated in Schedule (1) includes funding for the
California State University to enroll 324,120 full-time equivalent
students (FTES). It is the intent of the Legislature that the
university
enrolls this number of FTES during the 2004-05 academic year. The
university shall submit to the Legislature a preliminary report on
March 15, 2005, and a final report on May 1, 2005, on whether it has
met this enrollment goal. If the university does not meet this goal,
the
Director of Finance shall revert to the General Fund the total amount
of enrollment funding associated with the share of the enrollment
goal
that was not met.
9. Of the amount appropriated in Schedule (1), $52,000,000 is
appropriated for academic preparation and student support services
programs. The university will redirect $45,000,000 and the state will
provide $7,000,000 to support the Early Academic Assessment
Program, Campus-Based Outreach programs and the Educational
Opportunity Program. It is the intent of the Legislature that the
university report on the outcomes and effectiveness of the Early
Academic Assessment Program. The report shall be submitted to the
fiscal committee of each house no later than March 15, 2005.
6610-001-0498--For support of the California State University, for
payment to Item 6610-001-0001, payable from the Higher Education
Fees and Income, CSU Fund . . . 1,165,573,000
Provisions:
1. All funds received in the Higher Education Fees and Income, CSU
Fund, that are in excess of the amount appropriated in this item are
hereby appropriated in augmentation of this item.
6610-001-0890--For support of the California State University,
payable from the Federal Trust Fund . . . 41,739,000
Provisions:
1. All funds deposited in the Federal Trust Fund for the California
State University for the purposes of this item and that are in excess
of
the amount appropriated in this item are hereby appropriated in
augmentation of this item and are exempt from Section 28.00 of this
act, pursuant to subdivision (a) of Section 89753 of the Education
Code.
6610-002-0001--For support of the California State University for
transfer to and in augmentation of Item 6610-001-0001, for the
purpose of providing direct costs and administrative overhead
expenses for the Assembly, Senate, Executive and Judicial Fellows
programs and the Center for California Studies . . . 2,725,000
Schedule:
(1) Center for California Studies--Fellows Program . . . 600,000
(2) Center for California Studies-- Other . . . 36,500
(3) Assembly Fellows . . . 515,500
(4) Senate Fellows . . . 515,500
(5) Executive Fellows . . . 515,000
(6) Judicial Fellows . . . 374,000
(7) LegiSchool Project . . . 112,500
(8) Sacramento Semester Internship Program . . . 56,000
6610-003-0001--For support of the California State University for
payments on lease-purchase bonds . . . 61,595,000
Schedule:
(1) Rental, insurance and administrative payments . . . 62,037,000
(2) Reimbursements . . . -442,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
6610-301-0574--For capital outlay, California State University,
payable from the 1998 Higher Education Capital Outlay Bond Fund . .
. 7,959,000
Schedule:
(1) 06.52.105-Chico: Telecommunications
Infrastructure--Construction . . . 7,959,000
6610-301-6041--For capital outlay, California State University,
payable from the 2004 Higher Education Capital Outlay Bond Fund . .
. 39,415,000
Schedule:
(1) 06.48.315-Systemwide: Minor Capital Outlay--Preliminary plans,
working drawings and construction . . . 15,225,000
(1.5) 06.51.008.000-California Maritime Academy--Acquisition . . .
1,914,000
(1.7) 06.54.081-Dominguez Hills: Educational Resource Center
Addition--Preliminary plans and working drawings . . . 1,725,000
(2) 06.64.081-Hayward Seismic Upgrade, Warren Hall--Preliminary
plans . . . 675,000
(2.5) 06.71.110-Long Beach: Peterson Hall 3 Replacement
Building--Preliminary plans . . . 1,361,000
(3) 06.74.007-Monterey Bay: Infrastructure
Improvements--Preliminary plans, working drawings and construction
. . . 18,515,000
Provisions:
1. Identified savings in funds encumbered from this general
obligation
bond fund for construction contracts for capital outlay projects,
remaining after completion of a capital outlay project and upon
resolution of all change orders and claims, may be used prior to the
appropriation reversion date: (a) to begin working drawings for a
project for which preliminary plans funds have been appropriated
and the plans have been approved by the State Public Works Board
consistent with the scope and cost approved by the Legislature as
adjusted for inflation only, (b) to proceed further with the
underground
tank corrections program, (c) to perform engineering evaluations on
buildings that have been identified as potentially in need of seismic
retrofitting, or (d) to proceed with design and construction of
projects
to meet requirements under the federal Americans with Disabilities
Act.
No later than March 1, 2005, the California State University shall
provide the Legislative Analyst with a progress report showing the
identified savings, by project, and the purpose for which the
identified
savings were used.
No later than November 1, 2005, the California State University
shall prepare a report showing the identified savings, by project,
and
the purpose for which the identified savings were used. This report
shall be submitted to the Chairperson of the Joint Legislative Budget
Committee and to the chairpersons of the fiscal committees in each
house.
6610-302-6041--For capital outlay, California State University,
payable from the 2004 Higher Education Capital Outlay Bond Fund . .
. 273,330,000
Schedule:
(1) 06.50.064-Bakersfield: Math and Computer Science
Building--Preliminary plans, working drawings and construction . . .
18,975,000
(3) 06.56.093-Fresno: Library Addition and Renovation--Preliminary
plans . . . 1,677,000
(4) 06.62.088-Fullerton: Auditorium/Fine Arts Instructional
Facility--Equipment . . . 3,625,000
(5) 06.62.095-Fullerton: College of Business and Economics
Building--Preliminary plans, working drawings and construction . . .
47,417,000
(6) 06.67.098-Humboldt: Forbes PE Complex Renovation--
Preliminary plans . . . 1,313,000
(8) 06.73.097-Los Angeles: Science Replacement Building, Wing
B--Preliminary plans, working drawings and construction . . .
31,082,000
(9) 06.51.009-Maritime Academy: Simulation Center--Preliminary
plans, working drawings and construction . . . 8,306,000
(10) 06.82.083-Northridge: Engineering Renovation, Phase
II--Equipment . . . 3,429,000
(11) 06.82.085-Northridge: Science I Replacement--Preliminary
plans, working drawings and construction . . . 46,193,000
(12) 06.98.108-Pomona: Science Renovation, Seismic--Preliminary
plans, working drawings and construction . . . 20,298,000
(13) 06.78.089-San Bernardino: Science Building
Renovation/Addition, Phase I Annex--Equipment . . . 2,556,000
(14) 06.78.093-San Bernardino: College of Education
Building--Preliminary plans, working drawings and construction . . .
48,697,000
(15) 06.78.094-San Bernardino: Palm Desert Campus, Phase
II--Equipment . . . 1,382,000
(16) 06.96.115-San Luis Obispo: Engineering/Architecture
Renovation and Replacement, Phase II--Working drawings and
construction . . . 28,589,000
(17) 06.68.120-San Marcos: Craven Hall Renovation--Preliminary
plans, working drawings and construction . . . 6,366,000
(18) 06.68.121-San Marcos: Academic Hall II, Building
13--Equipment . . . 3,425,000
Provisions:
1. Notwithstanding Section 13332.11 of the Government Code or any
other provision of law, the California State University may proceed
with any phase of any project identified in the above schedule,
including preparation of preliminary plans, working drawings,
construction, or equipment purchase, without the need for any further
approvals.
2. The California State University shall complete each project
identified in the above schedule within the total funding amount
specified in the schedule for that project. Notwithstanding Section
13332.11 of the Government Code or any other provision of law, the
budget for any project to be funded by this item may be augmented by
the California State University within the total appropriation made
by
this item, in an amount not to exceed 10 percent of the amount
appropriated for that project. No funds appropriated in this item for
equipment may be used for an augmentation under this provision, or
be augmented from any other funds appropriated by this item. This
condition does not limit the authority of the California State
University
to use nonstate funds for these purposes.
3. The California State University shall complete each project
identified in the above schedule without any change to its scope. The
scope of a project means, in this respect, the intended purpose of
the
project as determined by reference to the following elements of the
budget request for that project submitted by California State
University to the Department of Finance: (a) the program elements
related to project type, and (b) the functional description of spaces
required to deliver the academic and supporting programs as
approved by the Legislature.
4. Identified savings in a budget for a capital outlay project, as
appropriated by this item, remaining after completion of a capital
outlay project and upon resolution of all change orders and claims,
may be used: (a) to begin working drawings for a project for which
preliminary plans have been approved by the State Public Works
Board consistent with the scope and cost approved by the Legislature
as adjusted for inflation only, (b) to proceed further with the
underground tank corrections program, (c) to perform engineering
evaluations on buildings identified as potentially in need of seismic
retrofitting, (d) to proceed with design and construction of projects
to
meet requirements under the federal Americans with Disabilities Act
of 1990, (e) to fund minor capital out-lay projects, or (f) to fund
feasibility studies for capital outlay.
5. No later than March 1 of each year, the California State
University
shall submit a report detailing the expenditure for each project of
the
funds appropriated by this item to the Chairperson of the Joint
Legislative Budget Committee, the chairperson of the fiscal
committees of each house, the Legislative Analyst, and the Director
of
Finance. The report also shall include the following elements: (a) a
statement of the identified savings by project, and the purpose for
which the identified savings were used: (b) a certification that each
project as proceeding or as completed, has remained within its scope
and the amount funded for that project under this item; and (c) an
evaluation of the outcome of the project measured against
performance criteria.
6. Notwithstanding Section 2.00 of this act or any other provision of
law, the appropriation made in this item is available for encumbrance
during the 2004-05 and 2005-06 fiscal years, except that the funds
appropriated for construction only must be bid by the 2004-05 fiscal
year, and will be available for expenditure through the 2005-06
fiscal
year, and funds appropriated for equipment purposes are available for
encumbrance through 2006-07. For the purposes of encumbrance,
funds appropriated for construction management and project
contingencies purposes, as well as any bid savings, shall be deemed
to be encumbered at the time a contract for that purpose is awarded;
these funds also may be used to initiate consulting contracts
necessary
for management of the project during the liquidation period. Any
savings identified at the completion of the projects also may be
used
during the liquidation period to fund the purposes described in
subdivisions (a), (b), (c), (d), (e), and (f) of Provision 4.
6610-401--Identified savings in funds encumbered from Higher
Education Capital Outlay Bond Funds of 1986, 1988, 1990, 1992,
1996, 1998, and 2002 for capital outlay projects, remaining after
completion of a capital outlay project and upon resolution of all
change orders and claims, may be used: (a)
to begin working drawings for a project for which preliminary plan
funds have been appropriated and the plans have been approved by
the State Public Works Board consistent with the scope and cost
approved by the Legislature as adjusted for inflation only, (b)
to proceed further with the underground tank corrections program,
(c)
to perform engineering evaluations on buildings that have been
identified as potentially in need of seismic retrofitting, or (d)
to proceed with design and construction of projects to meet
requirements under the federal Americans with Disabilities Act. No
later than November 1, 2005, the California State University shall
prepare a report showing (a) the identified savings by project and
(b)
the purpose for which the identified savings were used. This report
shall be submitted to the Chairperson of the Joint Legislative Budget
Committee and to the chairs of the fiscal committees in each house.
6610-490--Reappropriation, California State University.
Notwithstanding any other provision of law, the balances of the
appropriations provided in the following citations are reappropriated
for the purposes and subject to the limitations, unless otherwise
specified, provided for in the appropriations and shall be available
for encumbrance or expenditure until June 30, 2005:
0001--General Fund
(1) Item 6610-001-0001, Budget Act of 2003 (Ch.
157, Stats. 2003)
Provisions:
1. Of the funds reappropriated in this item from Item 6610-001-0001,
Budget Act of 2003 (Ch. 157, Stats. 2003), up to $15,000,000 shall be
available for the general support of the California State University.
This $15,000,000 limitation applies only to reappropriations
generated from systemwide allocations. As of June 30, 2004, the
balance generated from systemwide allocations in excess of
$15,000,000 shall revert to the General Fund.
2. The California State University shall, by September 30, 2004,
report to the Department of Finance and the Joint Legislative Budget
Committee the amount of the balance as of June 30, 2004, of Item
6610-001-0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003), and a proposed expenditure plan for that
balance. The California State University shall report by September
30, 2005, on the expenditures made pursuant to this item.
0498--Higher Education Fees and Income, CSU Fund
(1) Item 6610-001-0498, Budget Act of 2003
(Ch. 157, Stats. 2003).
6610-493--Reappropriation, California State University. The
balances of the appropriations provided in the following citations
are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, in those appropriations:
6028--Higher Education Capital Outlay Bond of 2002
(1) Item 6610-302-6028, Budget Act of 2002 (Ch. 379, Stats. 2002)
Monterey Campus:
(8.5) 06.74.006-Monterey Bay: Library-Construction
Pomona Campus:
(20) 06.98.107-Pomona: Library Addition and
Renovation--Construction
(2) Item 6610-301-6028, Budget Act of 2003 (Ch. 157, Stats. 2003)
California Maritime Academy:
(2) 06.51.008-California Maritime Academy-- Acquisition
6610-494--Reappropriation, California State University.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citations shall be extended as stated:
0574--1998 Higher Education Capital Outlay Bond Fund--Available
for liquidation of encumbrance until June 30, 2005.
(1) Item 6610-302-0574, Budget Act of 1999 (Ch. 50, Stats. 1999), as
reappropriated by Item 6610-492, Budget Act of 2003 (Ch. 157, Stats.
2003), San Francisco State University
(8) 06.84.098-San Francisco State University:
Renovate Hensill Hall (Seismic)
--Construction
(2) Item 6610-302-0574, Budget Act of 2000 (Ch. 52, Stats. 2000),
California State University, Long Beach
(3) 06.71.105-Long Beach: Peterson Hall Addition--Construction
6028--2002 Higher Education Capital Outlay Bond Fund--Available
for liquidation of encumbrance until December 31, 2007.
(1) Item 6610-302-6028, Budget Act of 2002 (Ch. 379, Stats. 2002),
California State University, San Luis Obispo
(19) 06.96.108-San Luis Obispo: Engineering/Architecture
Renovation and Replacement, Phase II--Preliminary plans, working
drawings, and construction
6610-495--Reversion, California State University. As of June 30,
2004, the sum of $6,600,000 from the appropriation provided in the
following citation shall revert to the balance of the fund from which
the appropriation was made:
0001--General Fund
(1) Item 6610-301-0001, Budget Act of 2000 (Ch. 52, Stats. 2000), as
reappropriated by Item 6610-491 (Ch. 157, Stats. 2003)
(2) 06.52.105-Chico: Telecommunications
Infrastructure--Construction
6870-001-0001--For support of Board of Governors of the California
Community Colleges . . . 8,648,000
Schedule:
(1) 10-Apportionments . . . 819,000
(2) 20-Special Services and Operations . . . 14,715,000
(3) 30.01-Administration . . . 3,921,000
(4) 30.02-Administration--Distri-buted . . . -3,921,000
(5) Reimbursements . . . -6,886,000
Provisions:
1. Funds appropriated in this item may be expended or encumbered to
make one or more payments under a personal services contract of a
visiting educator pursuant to Section 19050.8 of the Government
Code, a long-term special consultant services contract, or an
employment contract between an entity that is not a state agency and
a
person who is under the direct or daily supervision of a state
agency,
only if all of the following conditions are met:
(a) The person providing service under the contract provides full
financial disclosure to the Fair Political Practices Commission in
accordance with the rules and regulations of the commission.
(b) The service provided under the contract does not result in the
displacement of any represented civil service employee.
(c) The rate of compensation for salary and health benefits for the
person providing service under the contract does not exceed by more
than 10 percent the current rate of compensation for salary and
health
benefits determined by the Department of Personnel Administration
for civil service personnel in a comparable position. The payment of
any other compensation or any reimbursement for travel or per diem
expenses shall be in accor-dance with the State Administrative
Manual and the rules and regulations of the Department of Personnel
Administration.
6870-001-0574--For support of Board of Governors of the California
Community Colleges, Program 20.40.010-Facilities Planning, payable
from the 1998 Higher Education Capital Outlay Bond Fund . . .
1,340,000
6870-001-0909--For support for the Board of Governors of the
California Community Colleges, Program 20.30.020-Instructional
Improvement and Innovation, payable from the Special Grant Cash
Account of the Fund for Instructional Improvement Program . . .
11,000
6870-001-0925--For support of Board of Governors of the California
Community Colleges, Program 20.30.050-Economic Development,
payable from the California Business Resources and Assistance
Innovation Network Fund . . . 10,000
6870-101-0001--For local assistance, Board of Governors of the
California Community Colleges (Proposition 98) . . . 2,810,212,000
Schedule:
(1) 10.10.010-Apportionments . . . 1,908,539,000
(2) 10.10.020-Basic Skills and Apprenticeship . . . 41,696,000
(3) 10.10.030-Growth for Apportionment . . . 148,120,000
(4) 10.10.040-Partnership for Excellence . . . 225,000,000
(5) 20.10.005-Student Financial Aid Administration . . . 47,338,000
(7) 20.10.020-Disabled Students . . . 85,977,000
(8) 20.10.045-Special Services for CalWORKs Recipients . . .
34,580,000
(9) 20.10.060-Foster Care Education Program . . . 1,754,000
(10) 20.10.070-Matriculation . . . 62,539,000
(11) 20.20.020-Academic Senate for the Community Colleges . . .
467,000
(12) 20.20.041-Equal Employment Opportunity pursuant to Ch. 1169,
Statutes of 2002 . . . 1,747,000
(13) 20.20.050-Part-time Faculty Health Insurance . . . 1,000,000
(14) 20.20.051-Part-time Faculty Compensation . . . 50,828,000
(15) 20.20.055-Part-time Faculty Office Hours . . . 7,172,000
(16) 20.30.011-Telecommunications and Technology Services . . .
23,397,000
(17) 20.30.050-Economic Development . . . 35,790,000
(18) 20.30.070-Transfer Education and Articulation . . . 1,974,000
(19) 20.40.026-Physical Plant and Instructional Support . . .
27,345,000
(20) 20.10.010-Extended Opportunity Programs and Services and
Special Services . . . 98,791,000
(21) 20.30.045-Fund for Student Success . . . 6,158,000
Provisions:
1. The funds appropriated in Schedules (1), (2), (3), (4), (5), (7),
(8),
(9), (10), (12), (13), (14), (15), $22,050,000 in Schedule (16),
(17),
(19), and (20) are for transfer by the Controller during the 2004-05
fiscal year to Section B of the State School Fund.
2. The amount appropriated in Schedule (1) reflects the intent of the
Legislature to defer $200,000,000 for apportionments to the 2005-06
fiscal year, pursuant to separate legislation enacted for the
2004-05
fiscal year.
3. Notwithstanding any other provision of law or regulation,
apportionment funding for community college districts shall be based
on the greater of the current year or prior year level of FTES,
consistent with K-12 declining enrollment practices pursuant to
Section 42238.5 of the Education Code. Decreases in FTES shall
result in a revenue reduction at the district's average level of
apportionment funding per FTES and shall be made in the year
following the initial year of decrease in FTES.
4. (a) The amount appropriated in Schedule (4) shall be made
available to districts in the same manner as the general
apportionment
funding in Schedule (1), and shall be made available in the same
amount provided to each district for the Partnership for Excellence
program in the 2003-04 fiscal year, including the funding deferred
for
this program pursuant to Section 84321 of the Education Code, and
notwithstanding the basic aid status of any district. As a condition
of
receiving these funds, the districts shall first agree to assure that
courses related to student needs for transfer, basic skills, and
vocational and workforce training are accorded the highest priority
and are provided to the maximum extent possible within budgeted
funds.
(b) On or before January 10, 2005, the Board of Governors of the
California Community Colleges shall develop and adopt a clear
methodology for determining which courses are considered transfer,
basic skills, or vocational and workforce training for the purposes
of
this provision.
(c) The Board of Governors of the California Community Colleges
shall annually assess and report to the Legislature, on or before
April
15, district and college data on the same educational outcome
measures reported to the Legislature as part of the Partnership for
Excellence program pursuant to Section 84754 of the Education Code.
As part of the April 15, 2005, report, the Chancellor of the
California
Community Colleges shall include his or her findings and
determinations regarding the definition of transfer, basic skill,
vocational, and workforce training courses, as required by
subdivision (b).
(d) Acceptance of funds appropriated in Schedule (4) shall constitute
concurrence by the district or college to collect and provide to the
Chancellor of the California Community Colleges all information
necessary to quantify baseline
performance and annually report
changes in outcome measures to the chancellor if, in the judgment of
the chancellor, current Management Information System (MIS) data
are insufficient for the purpose of any of the approved measures.
5. Of the funds appropriated in Schedule (1), Apportionments:
(a) Up to $100,000 is for a maintenance allowance, pursuant to
regulations adopted by the board of governors.
(b) Up to $500,000 is to reimburse colleges for the costs of federal
aid repayments related to assessed fees for fee waiver recipients.
This reimbursement only applies to students who completely
withdraw from college before the census date.
(c) Notwithstanding any other provision of law or regulation, the
chancellor shall not reduce district workload obligations for a lack
of
a funded cost-of-living adjustment.
6. Of the funds appropriated in Schedule (1), $80,000,000 is for
equalization, to be allocated pursuant to legislation enacted during
the
2003-04 Regular Session. These funds shall not be considered
Program Improvement Funds pursuant to Title 5 of the California
Code of Regulations.
7. Notwithstanding any other provision of law, $28,967,000 of the
funds appropriated in Schedule (2) is for allocation to community
college districts in the 2004-05 fiscal year for the purposes of
funding
FTES in courses in basic skills, including
English-as-a-second-language courses and workforce preparation
courses for newly legalized immigrants, to the extent the total FTES
claimed by a district for the 2004-05 fiscal year exceeds the level
of
total FTES funded for that district in the 2004-05 fiscal year. The
Chancellor of the California Community Colleges shall develop
criteria for allocating these funds.
8. Of the funds appropriated in Schedule (2), the funds not required
for the 2004-05 fiscal year to meet the demand for the program funded
under that schedule shall be made available on a one-time basis for
general apportionment under Schedule (1) of this item, provided that
no transfer shall occur prior to May 15, 2005.
9. (a) Of the amount appropriated in Schedule (2), up to $12,729,000
shall be available as necessary upon certification by the Chancellor
of
the California Community Colleges for the purpose of funding
community college-related and supplemental instruction pursuant to
Section 3074 of the Labor Code as provided in Section 8152 of the
Education Code. No community college district shall use funds
available under this provision to offer any new apprenticeship
training program or the expansion of any existing program unless the
new program or expansion has been approved by the chancellor.
(b) Notwithstanding Section 8152 of the Education Code, each
60-minute hour of teaching time devoted to each indentured apprentice
enrolled in and attending classes of related and supplemental
instruction as provided under Section 3074 of the Labor Code shall be
reimbursed at the rate of four dollars and eighty-six cents ($4.86)
per
hour. For purposes of this provision, each hour of teaching time may
include up to 10 minutes for passing time and breaks.
10. Notwithstanding any other provision of law, funds appropriated in
Schedule (3) of this item shall only be allocated for growth in
full-time-equivalent students (FTES), on a district-by-district
basis,
as determined by the Chancellor of the California Community
Colleges. The chancellor shall not include any FTES from concurrent
enrollment in physical education, dance, recreation, study skills,
and
personal development courses and other courses in conflict with
existing law for the purpose of calculating a district's three-year
overcap adjustment. The board of governors shall implement the
criteria required by provision 5(a) of the Budget Act of 2003 for the
allocation of funds appropriated in Schedules (1) and (3), so as to
assure that courses related to student needs for transfer, basic
skills
and vocational/workforce training are accorded the highest priority
and are provided to the maximum extent possible within budgeted
funds.
(b) Of the amount appropriated in Schedule (3), a total of
$27,000,000 shall be allocated to districts in proportion to their
unfunded FTES as measured at the second principal apportionment for
the 2003-04 fiscal year.
11. (a) Of the funds appropriated in Schedule (5), not less than
$10,338,000 is available to reimburse community college districts for
the provision of Board of Governors (BOG) of the California
Community Colleges fee waiver awards.
(b) (1) Of the amount appropriated in Schedule (5), $2,800,000 shall
be for a contract with a community college district to conduct a
statewide media campaign to promote the general message to
prospective students as follows: (1) the California Community
Colleges remain affordable; (2) financial aid and tax credits are
available to cover enrollment fees and help with books and other
costs; and (3) the active encouragement of contact between pupils and
local CCC financial aid offices. Any funds used from this source to
produce radio, television, or mail campaigns must emphasize the
availability of financial aid, the easiest and most reliable method
of
accessing the aid, a contact telephone number, an Internet address,
where applicable, and the physical location of a financial aid
office.
Any mail campaign must give priority to existing pupils, recent high
school graduates, and 12th graders. The outreach and information
campaign should target its efforts in high schools, welfare offices,
unemployment offices, churches, community centers, and any other
location that will most effectively reach low-income and
disadvantaged students who must overcome barriers in accessing
postsecondary education. The community college district awarded the
contract shall consult with the Chancellor of the California
Community Colleges and the Student Aid Commission prior to
performing any activities to ensure appropriate coordination with any
other state efforts in this area and ensure compliance with this
provision.
(2) Of the amount appropriated in Schedule (5), not more than
$34,200,000 shall be for direct contact with potential and current
financial aid applicants. Each CCC campus shall receive a minimum
allocation of $50,000. The remainder of the funding shall be
allocated
to campuses based upon a formula reflecting full-time-equivalent
students (FTES) weighted by a measure of low-income populations as
demonstrated by BOG fee waiver program participation within a
district. It is the intent of the Legislature, to the extent that
funds are
provided in this section, that all campuses provide additional staff
resources to increase both financial aid participation and student
access to low-income and disadvantaged students who must overcome
barriers in accessing postsecondary education. Funds may be used for
screening current students for possible financial aid eligibility and
offering these students personal assistance in accessing financial
aid,
providing individual help in multiple languages for families and
students in filling out the necessary paperwork to apply for
financial
aid, and increasing financial aid staff to process additional
financial
aid forms.
(3) Funds allocated to a community college district for financial aid
personnel, outreach determination of financial need, and delivery of
student financial aid services shall supplement, and shall not
supplant,
the level of funds allocated for the administration of student
financial
aid programs during the 2001-02 fiscal year.
(4) It is the intent of the Legislature that the Chancellor's Office
of the
California Community Colleges provide the Legislature with a report
by no later than April 1, 2005, on the use of the funds allocated
pursuant to Provision 11(b), including the distribution of the funds,
specific uses of the funds, strategies employed to reach low-income
and disadvantaged students potentially eligible for financial aid,
and
the extent to which districts were successful in increasing the
number
of students accessing financial aid, particularly the maximum Pell
Grant award.
(5) It is the intent of the Legislature to monitor the impact of the
2004-05 fiscal year fee increase on student enrollment and access to
financial aid. To assist the Legislature in this effort, the
Chancellor of
the California Community Colleges shall provide two reports to the
Legislature. The first, to be submitted by November 15, 2004, shall
be
a preliminary report comparing systemwide enrollment, and other
external factors as determined by the chancellor, including, where
applicable, the change in financial aid applications and BOG waivers
processed, preliminary data on the types and frequency of contact and
the overall costs of the outreach devoted to this, from fall 2004.
The
second, to be submitted by September 1, 2005, shall be a final report
comparing enrollment in the 2003-04 academic year with enrollment
in the 2004-05 academic year. Both reports shall include FTES and
headcount data for total enrollment, as well as for student subgroups
based on age, race, ethnicity, gender, BOG waiver status, and other
external factors.
12. Of the funds appropriated in Schedule (20), $86,069,000 is for
Extended Opportunity Programs and Services (EOPS) in accordance
with Article 8 (commencing with Section 69640) of Chapter 2 of Part
42 of the Education Code. Funds provided in this item for EOPS shall
be available to students on all campuses within the California
Community College system, including those students on new campuses
or in new districts. $12,722,000 is for funding, at all colleges, the
Cooperative Agencies Resources for Education (CARE) program in
accordance with Article 4 (commencing with Section 79150) of
Chapter 9 of Part 48 of the Education Code. The Board of Governors
of the California Community Colleges shall allocate funds on a
priority basis and to local programs on the basis of need for student
services.
12.5. Of the funds appropriated in Schedule (21), $6,158,000 is for
additional targeted student services, to be expended as follows:
(1) $1,921,000 is for the Puente Project to support up to 75
colleges.
These funds are available if matched by $200,000 of private funds
and the participating community colleges and University of California
campuses maintain their 1995-96 support level for the Puente Project.
All funding shall be allocated directly to participating districts in
accordance with their participation agreement.
(2) Up to $2,459,000 is for the Mathematics, Engineering and Science
Achievement (MESA) Program. For each dollar allocated, the
recipient district shall provide one dollar in matching funds.
(3) No less than $1,778,000 is for the Middle College High School
Program. With the exception of fully compliant special part-time
students at the community colleges pursuant to Section 48802 and
76001 of the Education Code, student workload based on
participation in the Middle College High School Program shall not be
eligible for community college state apportionment. Further, no
community college state apportionment shall be made available for
physical education classes, non-credit classes, nor other courses
specified in Provision 10.
13. (a) The funds appropriated in Schedule (7) are for assisting
districts in funding the excess direct instructional cost of
providing
special support services or instruction, or both, to disabled
students
enrolled at community colleges, and for state hospital programs, as
mandated by federal law.
(b) Of the amount appropriated in Schedule (7), $3,945,000 shall be
used to address deficiencies identified by the federal Office of
Civil
Rights (OCR), as determined by the chancellor's office.
(c) Of the amount appropriated in Schedule (7) at least $943,000
shall
be used for support of the High Tech Centers for activities
including,
but not limited to, training of district employees, staff and
students in
the use of specialized computer equipment for the disabled. All High
Tech Centers shall meet standards developed by the chancellor's
of-fice. Colleges that receive these augmentations shall not supplant
existing resources provided to the centers.
(d) Notwithstanding any other provision of law, of the funds
appropriated in Schedule (7) of this item, $1,000,000 shall be for
state hospital adult education programs at the hospitals served by
the
Coast, Kern, and West Valley Community College Districts since the
1986-87 fiscal year. If adult education services at any of the three
hospitals are not supported by the community colleges in the 2004-05
fiscal year, the associated funds shall, upon order of the Department
of Finance, after 30 days' notice to the Chairperson of the Joint
Legislative Budget Committee, be transferred to the State Department
of Developmental Services (DDS). For any transfer of funds to DDS
during the 2004-05 fiscal year, the Proposition 98 base funding
levels
for community colleges and DDS shall be adjusted accordingly.
14. The funds appropriated in Schedule (8), Special Services for
CalWORKs recipients, are for the purpose of assisting welfare
recipient students and those in transition off of welfare to achieve
long-term self-sufficiency through coordinated student services
offered at community colleges, including: workstudy, other
educational related work experience, job placement services, child
care services, and coordination with county welfare offices to
determine eligibility and availability of services. All services
funded
in this schedule shall be for current CalWORKs recipients or prior
CalWORKs recipients who are in transition off of cash assistance for
no more than two years. Current cash assistance recipients may
utilize
these services until their initial educational objectives are met.
Former recipients in transition off of cash assistance may utilize
these
services for a period of up to two years after leaving cash
assistance
subject to the conditions of this provision. These funds shall be
used
to supplement and not supplant existing funds and services provided
for CalWORKs recipients attending community colleges. The
chancellor shall develop an equitable method for allocating funds to
all districts and colleges based on the relative numbers of CalWORKs
recipients in attendance and shall allocate funds for the following
purposes:
(a) Job placement.
(b) Coordination with county welfare offices and other local
agencies,
including local workforce investment boards.
(c) Curriculum development and redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills training and related skills.
Of the amount appropriated in Schedule (8) of this item,
$15,000,000
shall be for child care and shall not require a district match. For
the
remaining funds, districts shall, as a condition of receipt of these
funds, provide a $1 match for every $1 provided by the state.
Funds utilized for subsidized child care shall be for children of
CalWORKs recipients through campus-based centers or parental
choice vouchers at rates and with rules consistent with those
applied
to related programs operated by the State Department of Education in
the 2004-05 fiscal year, including eligibility, reimbursement rates,
and parental contribution schedules. Subsidized campus child care for
CalWORKs recipients may be provided during the period they are
engaged in qualifying state and federal work activities through
attainment of their initial education and training plan and for up to
three months thereafter or until the end of the academic year,
whichever period of time is greater.
Funds utilized for workstudy shall be used solely for payments to
employers that currently participate in campus-based workstudy
programs or are providing work experiences that are directly related
to and in furtherance of student educational programs, provided that
those payments may not exceed 75 percent of the wage for the
workstudy positions, and the employers shall pay at least 25 percent
of the wage for the workstudy position. These funds may be expended
only if the total hours of education, employment, and workstudy for
the
student are sufficient to meet both state and federal minimum
requirements for qualifying work-related activities.
Funds may be used to provide credit or noncredit classes for
CalWORKs students if a district has committed all of its funded FTES
and is unable to offer the additional instructional services to meet
the
demand for CalWORKs students. This determination shall be based
on fall enrollment information. Districts shall make application to
the
chancellor's office by October 15 of each year. If the chancellor
approves the use of funds for direct instructional workload, the
chancellor's office shall submit a report to the Joint Legislative
Budget Committee by November 15, 2004, that (1) identifies the
enrollment of new CalWORKs students, (2) states whether and why
additional classes were needed to accommodate the needs of
CalWORKs students, and (3) sets forth an expenditure plan for the
balance of funds.
As a condition of receipt of the funds appropriated in Schedule
(8),
by the fourth week following the end of the semester or quarter term
commencing in January 2005, each participating community college
shall submit to the chancellor's office a report, in the format
specified
by the chancellor in consultation with the State Department of Social
Services, that includes, but is not limited to, the funded
components,
the number of hours of child care provided, the average monthly
enrollment of CalWORKs dependents served in child care, the
number of workstudy hours provided, the hourly salaries and type of
jobs, the number of students being case managed, the short-term
programs available, the student participation rates, and other
outcome
data. It is intended that, to the extent practical, reporting from
colleges
utilize data gathered for federal reporting requirements at the state
and
local level. Further, it is intended that the chancellor's office
compile
the information for annual reports to the Legislature, the Governor,
the
Legislative Analyst, and the Departments of Finance and Social
Services by November 15 of each year.
First priority for expenditures of any funds appropriated in
Schedule
(8) shall be in support of current CalWORKs recipients. However, if
caseloads are insufficient to fully utilize all of the funding in
this
schedule in a cost beneficial way, it is intended that up to
$5,000,000
of the funds subject to local matching requirements may be allocated
for providing postemployment services to former CalWORKs
recipients who have been off of cash assistance for no longer than
two years to assist them in upgrading skills, job retention, and
advancement. Allowable services include direct instruction that
cannot be funded under available growth funding, child care to
support attendance in these classes consistent with this provision,
job
development and placement services, and career counseling and
assessment activities which cannot be funded through other programs.
Child care services may only be provided for periods commensurate
with a student's need for postemployment training within the two-year
transitional period.
Prior to allocation of funds for postemployment services, the
chancellor shall first secure the approval of the Department of
Finance for the allocations, complete a cumulative report on the
outcomes, activities, and cost-effectiveness of the program no later
than November 15, 2003, in compliance with the Budget Acts of 1998
(Ch. 324, Stats. 1998) and 1999 (Ch. 50, Stats. 1999) and this act,
and
shall provide the rationale and justification for the proposed
allocation of postemployment services to districts for transitional
students.
If a district is unable to fully expend its share of child care
funds, it
may request that the chancellor's office approve a reallocation to
other
CalWORKs purposes authorized by this provision, subject to all
pertinent limitations and district match required for these purposes
under this provision.
15. Funds appropriated in Schedule (8) of this item have been
budgeted to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193) and may not be expended in any way that
would cause their disqualification as a federally allowable
maintenance-of-effort expenditure.
16. The funds in Schedule (9) of this item shall be allocated to
provide foster parent training. Funds shall be allocated in such a
manner as to ensure priority for training required by Section 1529.2
of
the Health and Safety Code. Districts shall make services available
to foster parents to satisfy the requirements of Section 1529.2 of
the
Health and Safety Code as a first priority. Remaining funds may be
used for services to foster child relative caretakers and for
additional
parenting skills, thereafter.
16.5. (a) Funds appropriated in Schedule (10) are for the purpose of
student matriculation pursuant to Article 1 (commencing with Section
78210) of Chapter 2 of Part 48 of the Education Code.
(b) Of the amount appropriated in Schedule (10), an amount equal to
$14,842,670 shall be allocated to commuity college districts on a
one-to-one matching funds basis to provide matriculation services,
including, but not limited to, orientation, assessment, and
counseling,
for students enrolled in designated noncredit classes and programs
who may benefit most, as determined by the Chancellor of the
California Community Colleges pursuant to Sections 78216 to 78218,
inclusive, of the Education Code.
17. (a) $9,550,000 of the funds provided in Schedule (16) of this
item
shall be for the purpose of supporting technical and application
innovations and for coordination of activities that serve to maximize
the utility of the technology investments of the community college
system towards improving learning outcomes. Allocations shall be
made by the chancellor, based on criteria and guidelines as developed
by the chancellor, on a com-petitive basis through the RFA/RFP
application process as follows:
(1) $2,000,000, or as much as necessary, shall be available for a
statewide digital uplink for the purpose of delivering statewide
satellite services to system colleges and districts related to
instruction, student support, and administration.
(2) $2,300,000 is for the development and implementation of a
systemwide audio bridging and telephony capability of the 4C Net
backbone to facilitate collaboration of faculty, students, and staff
in
instruction, student services, and shared governance activities.
(3) Any remaining funds shall be available for centers to provide
regional coordination for technical assistance and planning,
cooperative purchase agreements, and faculty and staff development.
All other provisions as specified in Provision 17(b)(3) of Item
6870-101-0001 of Section 2.00 of the Budget Act of 1996 (Ch. 162,
Stats. 1996) shall apply.
(b) $12,500,000 of the funds provided in Schedule (16) shall be
availabe for allocations to districts. It is the intent of the
Legislature
that these funds be used by colleges to maintain the technology
capabilities specified in Provision 21(a) of Item 6870-101-0001 of
the Budget Act of 2003 (Ch. 157, Stats. 2003). Thse funds shall not
supplant existing funds used for those purposes, and colleges shall
match maintenance and ongoing costs with other funds as provided by
Provision 21(a) of Item 6870-101-0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003).
(c) Of the funds provided in Schedule (16), $1,347,000 shall be
available for grants to districts to fund California Virtual
University
distance education centers, for instructing faculty in teaching
courses
online, and other expenses for conversion of courses for distance
education. The funds appropriated in this item shall not supplant
existing funds and shall be subject to established fiscal controls,
annual reporting and accountability requirements specified by the
chancellor. The chancellor shall develop criteria for the allocation
of
these funds. As a condition of receipt of the funds, colleges are
required to submit to the chancellor's office reports in a format
specified by the chancellor sufficient to document the value and
productivity of this program, including, but not limited to, numbers
and nature of courses converted, and the amount of distance education
instructional workload services provided as a result of these
courses.
It is intended that the chancellor's office further develop the
reporting
criteria for participating colleges and submit that for review along
with an annual progress report on program implementation to the
Legislative Analyst, Office of the Secretary for Education, and the
Department of Finance no later than November 1, 2004, for review
and comment.
18. Of the funds provided in Schedule (17) for the Economic and
Workforce Development Program:
(a) $18,984,027 is allocated for grants for regional business
resources assistance and innovation network centers. Each grant
awarded to a district for Centers for International Development shall
contain sufficient funds, as determined by the chancellor, for the
continued operation of Mexican International Trade Centers.
(b) $5,612,281 is allocated for Industry-Driven Regional Education
and Training Collaboratives. These grants shall be made on a
competitive basis and the award amounts shall not be restricted to
any
predetermined limit, but rather shall be funded on their individual
merits.
(c) $3,800,000 is allocated for statewide network leadership,
organizational development, coordination, information and support
services, or other program purposes.
(d) $3,393,692 is available for Job Development Incentive Training
programs focused on job creation for public assistance recipients.
Any annual savings from this subdivision shall only be available for
expenditure for one-time activities listed under subdivision (j) of
Section 88531 of the Education Code.
(e) The following provisions apply to the expenditure of funds within
subdivisions (a) and (b) above: Funds allocated for centers and
regional collaboratives shall seek to maximize the use of state funds
for subdivisions (g) through (j) of Section 88531 of the Education
Code. Funds allocated to districts for purposes of
subdivisions (g)
and (i) of Section 88531 of the Education Code for
performance-based training and student internships shall be matched
by a minimum of $1 of private business and industry funding for each
$1 of state funds. Funds allocated for purposes of subdivision (h) of
Section 88531 of the Education Code for credit and noncredit
instruction may be transferred to Schedule (1) or (3) to facilitate
distribution at the chancellor's discretion. Any funds that become
available from network centers due to savings, discontinuance, or
reduction of amounts shall first be made available for additional
allocations in subdivision (b) above to increase the level of
subsidized training otherwise available.
(f) $4,000,000 is allocated to continue enrollment growth provided
for community college nursing programs pursuant to paragraph (2) of
subdivision (a) of Section 2 of Chapter 514 of the Statutes of 2001.
(g) Funds allocated by the board of governors under this provision
may not be used by community college districts to supplant existing
courses or contract education offerings. The chancellor shall ensure
that funds are spent only for expanded services and shall implement
accountability reporting for districts receiving these funds to
ensure
that training, credit, and noncredit programs remain relevant to
business needs. Programs that do not demonstrate continued relevance
and support by business shall not be eligible for continued funding.
The board of governors shall consider the level of involvement and
financial commitments of business and industry as primary factors in
making awards. The chancellor shall incorporate grant requirements
into its guidelines for audits of Economic Development grants.
(h) A primary objective of the Economic Development program is to
maximize instruction, to prepare students for entry-level jobs, to
increase skills of the current workforce, and to stimulate the growth
of
businesses through training so that more jobs are created. The
chancellor shall submit an annual report to the Legislative Analyst,
the
budget and fiscal committees of the Legislature, and the Department
of
Finance, commencing March 1, 2003, and each March 1 annually
thereafter, that includes the amount provided to each economic
development regional center and each industry-driven regional
education and training collaborative, and to the extent practicable,
the
total number of hours of contract education services,
performance-based training, credit and noncredit instruction, and job
placements created as a result of this program by each center and
collaborative.
19. Of the funds appropriated in Schedule (18), $589,000 is for
Project Assist, $835,000 is for the California Articulation Number
(CAN) sys-tem, $550,000 is for faculty articulation workshops
through fiscal year 2004-05. The chancellor's office shall report to
the
Department of Finance and the Legislature by September 1, 2004, on
the status of these projects and any additional resource needs to
complete articulation for major coursework and common course
numbering.
20. The funds appropriated in Schedule (19) are available for the
following purposes:
(a) Scheduled maintenance and special repairs of facilities,
replacement of instructional equipment, and replacement of library
materials. The chancellor shall allocate funds to districts on the
basis
of actual reported FTES, and may establish a minimum allocation per
district. As a condition of receiving and expending these funds for
maintenance or special repairs, a district shall certify that it will
increase its operations and maintenance spending from the 1995-96
fiscal year by the amount it allocates from this appropriation for
maintenance and special repairs, plus an equal amount to be provided
from district discretionary funds. The chancellor may waive all or a
portion of the matching requirement based upon a review of a
district's financial condition. The question of whether a district
has
complied with its resolution shall be reviewed under the annual audit
of that district. For every $3 a district expends from this
appropriation
for replacement of instructional equipment or library materials, the
recipient district shall provide $1 in matching funds. The funds
provided for instructional equipment and library materials shall not
be
used for personal services costs or operating expenses.
(b) Hazard substances, abatement, cleanup and repairs.
(c) Architectural barrier removal projects that meet the requirements
of the federal Americans with Disabilities Act of 1990 and seismic
retrofit projects limited to $400,000. Districts that receive funds
for
architectural barrier removal projects shall provide a $1 match for
every $1 provided by the state. The amounts in Schedule (19) of this
item shall be available for expenditure until June 30, 2006.
21. Pursuant to Sections 69648.5, 78216, and 84850, and subdivision
(b) of Section 87108, of the Education Code, the Board of Governors
of the California Community Colleges may allocate funds
appropriated in Schedules (7), (10), (12), and (20) by grant or
contract, or through the apportionment process, to one or more
districts for the purpose of providing program evaluation,
accountability, monitoring, or program development services, as
appropriate under the applicable statute.
6870-101-0814--For local assistance, Board of Governors of the
California Community Colleges, for allocation by the Controller in
accordance with the provisions of Section 8880.5 of the Government
Code, as approved by the voters in Proposition 37 at the November 6,
1984, statewide general election, payable from the California State
Lottery Education Fund . . . 143,313,000
Provisions:
1. All funds received pursuant to Proposition 37 that are allocable
to
community college districts pursuant to Section 8880.5 of the
Government Code, that are in excess of the amount appropriated in
this item, are hereby appropriated in augmentation of this item.
6870-101-0909--For local assistance, Board of Governors of the
California Community Colleges, payable from the Community College
Fund for Instructional Improvement . . . 302,000
Schedule:
(2) 20.30.022-Instructional Improvement Loans . . . 302,000
6870-101-0925--For local assistance, Board of Governors of the
California Community Colleges, Program 20.30.050-Economic
Development, payable from California Business Resources and
Assistance Innovation Network Fund . . . 15,000
6870-102-0959--For transfer by the Controller, upon order of the
Director of Finance, from the Foster Parent Training Fund to the
General Fund . . . (5,383,000)
6870-103-0001--For local assistance, Board of Governors of the
California Community Colleges (Proposition 98), to allow selected
community colleges to make required lease-purchase payments . . .
57,381,000
Schedule:
(1) Rental and administration . . . 57,777,000
(2) Reimbursements . . . -396,000
Provisions:
1. The funds appropriated in this item are for transfer by the
Controller to Section B of the State School Fund.
2. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
6870-111-0001--For local assistance, Board of Governors of the
California Community Colleges . . . 0
Schedule:
(1) 10.20-CalWORKs Services . . . 8,000,000
(2) 20.10.015-AmeriCorps Program . . . 4,079,000
(3) 20.10.060-Foster Parent Training . . . 6,112,000
(4) 20.30.030-Vocational Education . . . 56,741,000
(6) Reimbursements . . . -74,932,000
Provisions:
1. The amounts appropriated in Schedules (1) and (4) of this item
are
for transfer by the Controller to Section B of the State School Fund.
2. The funds appropriated in Schedule (1) of this item are to fund
additional fixed, variable, and one-time costs for providing support
services and instruction for CalWORKs students which include, but
are not limited to: job placement and coordination; curriculum
development and redesign; child care and workstudy; and instruction.
As a condition of receiving funding, colleges are required to submit
a
plan to the chancellor's office on how the funds will be utilized,
which
shall be based on collaboration with county welfare offices regarding
the services and instruction that are needed for CalWORKs recipients.
6870-295-0001--For local assistance, Board of Governors of the
California Community Colleges (Proposition 98), for reimbursement,
in accordance with provisions of Section 6 of Article XIII B of the
California Constitution or Section 17561 of the Government Code, of
the costs of any new program or increased level of service of an
existing program mandated by statute or executive order, for
disbursement by the Controller . . . 2,000
Schedule:
(1) 98.01.000.184-Health Fees (Ch. 1, Stats. 1984, 2nd Ex. Sess.) . .
.
1,000
(2) 98.01.028.498-Law Enforcement Jurisdiction Agreements (Ch.
284, Stats. 1998) . . . 1,000
Provisions:
1. Allocation of funds appropriated in this item to the appropriate
local entities shall be made by the Controller in accordance with the
provisions of each statute of executive order that mandates the
reimbursement of the costs, and shall be audited to verify the actual
amount of the mandated costs in accordance with subdivision (d) of
Section 17561 of the Government Code. Audit adjustments to prior
year claims may be paid from this item. Funds appropriated by this
item may be used to provide reimbursement pursuant to Article 5
(commencing with Section 17615) of Chapter 4 of Part 7 of Division
4 of Title 2 of the Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
6870-301-0574--For capital outlay, Board of Governors of the
California Community Colleges, to be allocated by the board of
governors to community college districts for expenditure as set forth
in the schedule below, payable from the 1998 Higher Education
Capital Outlay Bond Fund . . . 2,978,000
Schedule:
San Bernardino Community College District
Valley College
(1) 40.46.205-Child Development Center--Construction . . .
2,978,000
6870-301-0660--For capital outlay, Board of Governors of the
California Community Colleges, to be allocated by the board of
governors to community college districts for expenditure as set forth
in the schedule below, payable from the Public Buildings
Construction Fund . . . 3,528,000
Schedule:
San Luis Obispo County Community College District
Cuesta College
(1) 40.51.111-Library Addition and Reconstruction--Construction . . .
3,528,000
Provisions:
1. The State Public Works Board may issue lease revenue bonds,
notes, or bond anticipation notes pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b of Division 3 of Title 2 of the
Government Code to finance the construction of the project authorized
by this item.
2. The State Public Works Board and the Chancellor's Office of the
California Community Colleges may obtain interim financing for the
project costs authorized in this item from any appropriate source
including, but not limited to, the Pooled Money Investment Account
pursuant to Section 16312 and 16313 of the Government Code.
3. The State Public Works Board may authorize any additional amount
necessary to establish a reasonable construction reserve and to pay
the cost of financing including the payment of interest during the
construction of the project, the costs of financing a debt service
fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim
financing obtained.
4. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under the State Building
Construction Act of 1955 (Part 10b (commencing with Section 15800)
of Division 3 of Title 2 of the Government Code). This section does
not exempt the district from the requirements of the California
Environmental Quality Act. This section is intended to be declarative
of existing law.
5. Notwithstanding Section 2.00 of this act or any other provision of
law, the appropriation made by this item is available for encumbrance
until June 30, 2008.
6870-301-6028--For capital outlay, Board of Governors of the
California Community Colleges to be allocated by the Board of
Governors to community college districts for expenditure as set forth
in the schedule below, payable from the 2002 Higher Education
Capital Outlay Bond Fund . . . 35,584,000
Schedule:
Allan Hancock Joint Community College District
Allan Hancock College
(1) 40.02.117-Skills Center Replacement--Construction and
equipment . . . 5,500,000
Cerritos Community College District
Cerritos College
(2) 40.07.116-Seismic Retrofit, Metal Trades--Construction . . .
1,171,000
(3) 40.07.117-Seismic Retrofit, Electronics--Construction . . .
1,276,000
Coast Community College District
Golden West College
(4) 40.11.206-Structural Repair Campuswide--Construction . . .
2,497,000
Foothill-DeAnza Community College District
Foothill College
(5) 40.15.211-Seismic Replacement- Student Services--Equipment . .
. 658,000
(6) 40.15.212-Seismic Replacement-Field Locker
Rooms--Construction . . . 1,621,000
(7) 40.15.213-Seismic Replacement-Maintenance
Building--Construction . . . 955,000
Grossmont-Cuyamaca Community College District
Grossmont College
(8) 40.19.209-Infrastructure Correction--Preliminary plans, working
drawings and construction . . . 1,569,000
Los Angeles Community College District
Los Angeles Pierce College
(9) 40.26.503-Infrastructure Correction--Construction . . . 615,000
Mira Costa Community College District
Mira Costa College
(10) 40.31.110-Creative Arts Building Replacement--Construction . .
. 9,770,000
North Orange County Community College District Cypress College
(11) 40.36.101-Piazza Infrastructure Repair--Construction . . .
7,595,000
San Bernardino Community College District
San Bernardino Valley College
(12) 40.46.205-Child Development Center--Equipment . . . 125,000
Santa Barbara Community College District
Santa Barbara City College
(14) 40.53.121-Physical Science Renovation--Construction . . .
1,721,000
Ventura County Community College District
Oxnard College
(15) 40.65.206-Warehouse Replacement--Preliminary plans and
working drawings . . . 125,000
West Valley-Mission Community College District
West Valley College
(16) 40.69.106-Math and Science Replacement--Preliminary plans
and working drawings . . . 386,000
Provisions:
1. The project identified in Schedule (8) is subject to the
following:
(a) Notwithstanding Section 13332.11 of the Government Code, the
community college districts shall complete each project identified
within the total funding amount specified in the schedule for that
project. This condition does not limit the authority of the
districts to
use nonstate funds to fund or augment these projects with State
Public
Works Board approval.
(b) The community college districts shall complete each project
identified without any change to its scope. The scope of a project
means, in this respect, the intended purpose of the project as
determined by reference to the following elements of the budget
request for that project submitted by the Board of Governors to the
Department of Finance: (1) the program elements related to project
type, and (2) the functional description of spaces required to
deliver
the academic and supporting programs as approved by the Legislature.
(c) Notwithstanding Section 2.00 of this act or any other provision
of
law, the appropriation made by this item is available for encumbrance
during the 2004-05 and 2005-06 fiscal years, except that the funds
appropriated for equipment purposes are available for encumbrance
until June 30, 2007. For the purposes of encumbrance, funds
appropriated for construction management and project contingencies
purposes, as well as any bid savings, shall be deemed to be
encumbered at the time a contract is awarded; these funds also may be
used to initiate consulting contracts necessary for management of the
project during the liquidation period.
6870-301-6041--For capital outlay, Board of Governors of the
California Community Colleges, to be allocated by the board of
governors to community college districts for expenditure as set forth
in the schedule below, payable from the 2004 Higher Education
Capital Outlay Bond Fund . . . 584,777,000
Schedule:
Allan Hancock Joint Community College District
Allan Hancock College
(1) 40.02.114-Science Health Occupations Complex--Construction
and equipment . . . 15,541,000
Barstow Community College District
Barstow College
(2) 40.04.102-Remodel for Efficiency--Construction . . . 2,927,000
Cabrillo Community College District
Cabrillo College
(3) 40.06.111-Visual/Performing Arts Complex--Construction and
equipment . . . 21,493,000
Chaffey Community College District
Chaffey College
(4) 40.08.112-Health/Physical Science Building
Renovation--Preliminary plans and working drawings . . . 757,000
Coast Community College District
Orange Coast College
(5) 40.11.302-Learning Resource Center--Construction and equipment
. . . 21,192,000
Compton Community College District
Compton College
(6) 40.12.111-Performing Arts and Recreation
Complex--Construction and equipment . . . 12,362,000
Contra Costa Community College District
Los Medanos College
(7) 40.13.314-Math, Science, Technology Building--Construction and
equipment . . . 20,547,000
El Camino Community College District
El Camino College
(8) 40.14.110-Learning Resource Center--Preliminary plans and
working drawings . . . 464,000
Foothill-De Anza Community College District
De Anza College
(9) 40.15.109-Chemistry Building Conversion to Math
Lab--Equipment . . . 836,000
(10) 40.15.110-Student and Community Services--Equipment . . .
531,000
(11) 40.15.111-Kirsch Center for Environmental Studies--Equipment .
. . 410,000
(12) 40.15.112-Bookstore Conversion to Art Building--Equipment . . .
307,000
(13) 40.15.113-Science Center--Equipment . . . 1,769,000
Foothill College
(14) 40.15.207-Life Sciences--Construction and equipment . . .
9,645,000
Grossmont-Cuyamaca Community College District
Cuyamaca College
(15) 40.19.117-Communication Arts Building--Construction and
equipment . . . 14,719,000
Grossmont College
(16) 40.19.208-New Digital Arts Labs--Construction and equipment .
. . 4,869,000
Hartnell Community College District
Hartnell College
(17) 40.20.102-Center for Assessment and Lifelong
Learning--Preliminary plans and working drawings . . . 658,000
Kern Community College District
Porterville College
(18) 40.22.305-Library Expansion--Construction and equipment . . .
7,960,000
Long Beach Community College District
Long Beach City College PCC
(19) 40.25.119-Library/Learning Resource Center--Preliminary plans
and working drawings . . . 331,000
(20) 40.25.120-Industrial Technology
Center-Manufacturing--Construction and equipment . . . 10,124,000
Long Beach City College LAC
(21) 40.25.201-Library/LRC Renovation/Addition--Preliminary plans
and working drawings . . . 898,000
Los Angeles Community College District
Los Angeles City College
(22) 40.26.204-Child Development Center--Construction and
equipment . . . 4,855,000
(23) 40.26.207-Learning Resource Center--Construction . . .
16,333,000
Los Angeles Harbor College
(24) 40.26.302-Applied Technology Building--Construction and
equipment . . . 8,345,000
(25) 40.26.303-Adaptive PE and Physical Education Bldg.
Renovation--Preliminary plans and working drawings . . . 428,000
Los Angeles Pierce College
(26) 40.26.505-Child Development Center--Construction and
equipment . . . 2,451,000
West Los Angeles College
(27) 40.26.907-Science Complex--Construction and equipment . . .
8,307,000
Los Rios Community College District
American River College
(28) 40.27.104-Fine Arts Modernization--Construction . . . 3,546,000
Cosumnes River College
(29) 40.27.210-Science Building Modernization--Construction . . .
2,516,000
Sacramento City College
(30) 40.27.310-Cosmetology and Graphics Buildings
Modernization--Construction . . . 1,101,000
Merced Community College District
Merced College
(31) 40.30.116-Science Building Remodel--Construction and
equipment . . . 11,910,000
(32) 40.30.117-Learning Resource Center--Construction . . .
9,542,000
Los Banos Center
(33) 40.30.300-Site Development and Permanent
Facilities--Construction and equipment . . . 10,167,000
Monterey Peninsula Community College District
Monterey Peninsula College
(34) 40.32.103-Child Development Center--Preliminary plans and
working drawings . . . 267,000
Mt. San Antonio Community College District
Mt. San Antonio College
(35) 40.33.114-Agriculture Sciences Complex--Preliminary plans,
working drawings, construction and equipment . . . 9,284,000
Mt. San Jacinto Community College District
Menifee Valley Center
(36) 40.34.212-Technology Building--Preliminary plans and working
drawings . . . 669,000
Palo Verde Community College District
Palo Verde College
(37) 40.37.103-Physical Education Complex--Construction and
equipment . . . 11,768,000
Rancho Santiago Community College District
Santiago Canyon College
(38) 40.41.201-Science Building--Construction . . . 10,972,000
Rio Hondo Community College District
Rio Hondo College
(39) 40.43.108-Learning Resource/High Tech Center--Preliminary
plans and working drawings . . . 1,874,000
Riverside Community College District
Riverside College
(40) 40.44.103-Quadrangle Building Modernization--Construction
and equipment . . . 12,554,000
South Orange County Community College District
Irvine Valley College
(41) 40.45.103-Business Technology and Innovation
Center--Preliminary plans, working drawings, construction and
equipment . . . 12,475,000
San Francisco Community College District
City College of San Francisco
(43) 40.48.107-Joint Use Instructional Facility--Preliminary plans .
. .
1,038,000
Chinatown Center
(44) 40.48.108-Campus Building--Construction and equipment . . .
33,785,000
John Adams Center
(45) 40.48.201-John Adams Modernization--Preliminary plans and
working drawings . . . 1,932,000
San Jose-Evergreen Community College District
Evergreen Valley College
(46) 40.50.105-Arts Complex--Construction and equipment . . .
9,624,000
San Jose City College
(47) 40.50.204-Applied Sciences Center--Construction and
equipment . . . 4,166,000
San Luis Obispo County Community
College District
Cuesta College
(48) 40.51.113-Reconstruct and add Laboratories--Preliminary plans
and working drawings . . . 560,000
North County Center
(49) 40.51.201-Learning Resource Center--Construction and
equipment . . . 10,981,000
(50) 40.51.202-Technology and Trades Complex--Preliminary plans
and working drawings . . . 520,000
San Mateo County Community College District
Ca|fnada College
(51) 40.52.103-Library/Learning Resource/Student Services
Center--Construction . . . 18,920,000
College of San Mateo
(52) 40.52.207-Student Services Consolidation--Construction . . .
9,790,000
Santa Barbara Community College District
Santa Barbara City College
(53) 40.53.122-High Technology Center--Preliminary plans and
working drawings . . . 1,400,000
Santa Clarita Community College District
College of the Canyons
(54) 40.54.113-Laboratory Expansion--Construction and equipment .
. . 7,721,000
Sequoias Community College District
College of the Sequoias
(55) 40.56.111-Physical Education and Disabled Program
Center--Construction and equipment . . . 6,576,000
(56) 40.56.114-Old Library Reconstruction, Second
Floor--Construction and equipment . . . 2,534,000
Sierra Joint Community College District
Sierra College
(57) 40.58.107-New Classroom/Labs--Construction . . . 14,933,000
Sonoma County Community College District
Petaluma Center
(58) 40.61.200-Petaluma Center Phase II--Construction and
equipment . . . 26,121,000
Santa Rosa Jr. College
(59) 40.61.403-Plover Library Conversion--Preliminary plans and
working drawings . . . 270,000
Chabot-Las Positas Community College District
Las Positas College
(60) 40.62.216-Multi-Disciplinary Education Building--Construction
and equipment . . . 11,163,000
Southwestern Community College District
Southwestern College
(61) 40.63.106-Student Services Center--Equipment . . . 1,064,000
Otay Mesa Center
(62) 40.63.200-Phase I Buildings--Equipment . . . 3,033,000
State Center Community College District
Fresno City College
(63) 40.64.106-Applied Technology Modernization--Construction and
equipment . . . 11,617,000
(64) 40.64.108-Student Services Building Remodel--Preliminary
plans and working drawings . . . 321,000
Willow International Center
(65) 40.64.500-Academic Facilities and Site Development Phase
I--Construction . . . 34,684,000
Ventura County Community College District
Moorpark College
(66) 40.65.111-Reconstruction of Library Building--Construction and
equipment . . . 2,956,000
Ventura College
(67) 40.65.306-Communication Building Modernization (Bldg.
F)--Preliminary plans and working drawings . . . 117,000
Victor Valley Community College District
Victor Valley College
(68) 40.66.116-Seismic Replacement Auxiliary Gym--Preliminary
plans and working drawings . . . 244,000
(69) 40.66.117-Speech/Drama Studio Addition--Construction and
equipment . . . 8,884,000
West Kern Community College District
Taft College
(70) 40.68.101-Child Development Center--Construction and
equipment . . . 2,501,000
(71) 40.68.102-Remodel for Efficiency--Construction and equipment .
. . 7,350,000
West Valley-Mission Community College District
West Valley College
(72) 40.69.105-Campus Technology Center--Construction . . .
8,115,000
Yosemite Community College District
Modesto Junior College
(73) 40.70.211-Auditorium
Renovation/Expansion--Construction and equipment . . . 12,450,000
Yuba Community College District
Yuba College
(74) 40.71.107-Engineering, Math and Science
Remodel--Construction and equipment . . . 7,651,000
Woodland Center
(75) 40.71.307-Learning Resource/Technology Center--Construction
and equipment . . . 21,057,000
Copper Mountain Community College District
Copper Mountain College
(76) 40.72.100-Multi-use Sports Complex--Construction and
equipment . . . 12,995,000
Provisions:
1. The projects identified in Schedules (35) and (41) are subject to
the following:
(a) Notwithstanding Section 13332.11 of the Government Code, the
community college districts shall complete each project identified
within the total funding amount specified in the schedule for that
project. This condition does not limit the authority of the districts
to
use nonstate funds to fund or augment these projects with State
Public
Works Board approval.
(b) The community college districts shall complete each project
identified without any change to its scope. The scope of a project
means, in this respect, the intended purpose of the project as
determined by reference to the following elements of the budget
request for that project submitted by the board of governors to the
Department of Finance: (1) the program elements related to project
type and (2) the functional description of spaces required to deliver
the academic and supporting programs as approved by the Legislature.
(c) Notwithstanding Section 2.00 of this act or any other provision
of
law, the appropriation made by this item is available for encumbrance
during the 2004-05 and 2005-06 fiscal years, except that the funds
appropriated for equipment purposes are available for encumbrance
until June 30, 2007. For the purposes of encumbrance, funds
appropriated for construction management and project contingencies
purposes, as well as any bid savings, shall be deemed to be
encumbered at the time a contract is awarded; these funds also may be
used to initiate consulting contracts necessary for management of the
project during the liquidation period.
6870-486--Reappropriation (Proposition 98), Board of Governors of
the California Community Colleges. The sum of $5,383,000 is hereby
reappropriated on a one-time basis from the Proposition 98 Reversion
Account, for support of the Foster Parent Training Program. Of this
amount, $2,383,000 shall be for support of the program in the 2003-04
fiscal year, and $3,000,000 for support of the program in the 2004-05
fiscal year.
6870-490--Reappropriation, Board of Governors of the California
Community Colleges. The balances of the appropriations provided in
the following citations are reappropriated for the purposes and
subject to the limitations, unless otherwise specified, provided in
those appropriations:
0574--Higher Education Capital Outlay Bond Fund of 1998
(1) Item 6870-301-0574, Budget Act of 2001 (Ch. 106, Stats. 2001),
as amended by Chapter 891 of the Statutes of 2001, and as
reappropriated by Item 6870-490, Budget Act of 2002 (Ch. 379, Stats.
2002) and Budget Act of 2003 (Ch. 157, Stats. 2003)
Compton Community College District
Compton College
(15) 40.12.107-Seismic Replacement/Expansion LRC--Equipment
(16) 40.12.109-Child Development Center Equipment
Long Beach Community College District
Long Beach City College, PCC
(26) 40.25.116-Child Development Center-- Construction
San Diego Community College District
District Office
(53) 40.47.001-Seismic Retrofit District Headquarters
Building--Construction
6028--2002 Higher Education Capital Outlay Bond Fund
(1) Item 6870-301-6028, Budget Act of 2003 (Ch. 157, Stats. 2003)
Compton Community College District
Compton College
(10) 40.12.111-Performing Arts and Recreation Complex--Working
drawings
Foothill-DeAnza Community College District
Foothill College
(17) 40.15.211-Seismic Replacement-Student Services--Construction
Glendale Community College District
Glendale College
(21) 40.18.122-Allied Health/Aviation Lab-- Construction
Grossmont-Cuyamaca Community
College District
Cuyamaca College
(23) 40.19.116-Science & Technology Mall-- Construction
Long Beach Community College District
Long Beach City College
(31) 40.25.120-Industrial Technology
Center-Manufacturing--Working drawings
Los Angeles Community College District
Los Angeles Southwest College
(35) 40.26.607-Child Development Center-- Construction
Los Angeles Valley College
(37) 40.26.803-Health Science Building-- Construction
Mira Costa Community College District
Mira Costa College
(46) 40.31.109-Horticulture Project--Construction
(46.5) 40.31.110-Creative Arts Building Replacement--Working
drawings
Rancho Santiago Community College District
Santa Ana College
(54) 40.41.124-Physical Education Seismic Replacement
Expansion--Construction
Santiago Canyon College
(55) 40.41.201-Science Building--Working drawings
San Francisco Community College District
Mission Center
(61) 40.48.106-Mission Center Building--Construction and equipment
San Jose-Evergreen Community College District
San Jose City College
(63) 40.50.203-Science Building--Construction
Santa Barbara Community College District
Santa Barbara City College
(68) 40.53.121-Physical Science Renovation--Working drawings
Santa Clarita Community College District
College of the Canyons
(69) 40.54.112-Classroom/High Tech Center--Construction and
equipment
Shasta-Tehama-Trinity Joint Community
College District
Shasta College
(73) 40.57.103-Library Addition--Construction
Ventura County Community College District
Moorpark College
(84) 40.65.109-Child Development Center-- Construction
Victor Valley Community College District
Victor Valley College
(85) 40.66.117-Speech/Drama Studio
Addition--Working drawings
West Valley-Mission Community College District
West Valley College
(90) 40.69.105-Campus Technology Center--Working drawings
Mission College
(91) 40.69.208-Main Building Third Floor
Reconstruction--Construction
Yosemite Community College District
Modesto Junior College
(92) 40.70.211-Auditorium Renovation/Expansion--Working
drawings
Copper Mountain Community College District
Copper Mountain College
(97) 40.72.100-Multiuse Sports Complex--Working drawings
6870-491--Reappropriation, Board of Governors of the California
Community Colleges. Notwithstanding any other provision of law, the
period to liquidate encumbrances of the following citations is
extended to June 30, 2005:
0574--1998 Higher Education Capital Outlay Bond Fund
(1) Item 6870-301-0574, Budget Act of 2001 (Ch. 106, Stats. 2001),
as reappropriated by Item 6870-490, Budget Act of 2002 (Ch. 379,
Stats. 2002) and Budget Act of 2003 (Ch. 157, Stats. 2003)
Long Beach Community College District
Long Beach City College, PCC
(25) 40.25.115-Replacement of Technology Buildings--Working
drawings
(26) 40.25.116-Child Development Center--Working drawings
Victor Valley Community College District
Victor Valley College
(72) 40.66.115-Advanced Technology Complex--Working drawings
6870-495--Reversion, California Community Colleges (Proposition
98). The following amounts shall revert to the Proposition 98
Reversion Account:
(1) $3,898,000, or whatever greater or lesser amount represents the
balance available, from Schedule (10) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2002 (Ch. 379, Stats. 2002)
(2) $186,000, or whatever greater or lesser amount represents the
balance available, from Schedule (6) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2002 (Ch. 379, Stats. 2002)
(3) $129,000, or whatever greater or lesser amount represents the
balance available, from Schedule (21) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2002 (Ch. 379, Stats. 2002)
(4) $37,000, or whatever or greater or lesser amount represents the
balance available, from Schedule (11) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2002 (Ch. 379, Stats. 2002)
(5) $1,023,000, or whatever greater or lesser amount represents the
balance available, from Schedule (10) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(6) $569,000, or whatever greater or lesser amount represents the
balance available, from Schedule (5) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(7) $121,000, or whatever greater or lesser amount represents the
balance available, from Schedule (21.5) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(8) $21,000, or whatever greater or lesser amount represents the
balance available, from Schedule (11) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(9) $3,000,000, or whatever greater or lesser amount represents the
balance available, from Schedule (x) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2000 (Ch. 52, Stats. 2000)
(10) $500,000, or whatever greater or lesser amount represents the
balance available, from Schedule (z) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2000 (Ch. 52, Stats. 2000)
6870-497--Reversion, Board of Governors of the California
Community Colleges. As of June 30, 2004, the balance specified
below of the appropriation provided in the following citation shall
revert to the balance of the fund from which the appropriation was
made:
6028--2002 Higher Education Capital Outlay Bond Fund
(1) Item 6870-301-6028, Budget Act of 2002 (Ch. 379, Stats. 2002)
San Mateo Community College District
College of San Mateo
(45) 40.52.206-Seismic Retrofit--Student Services Building
6--Construction . . . 3,745,000
7980-001-0784--For support of Student Aid Commission, payable
from the Student Loan Operating Fund . . . 12,640,000
Schedule:
(1) 15-Financial Aid Grants Program . . . 10,963,000
(2) 50-California Loan Program . . . 1,723,000
(3) 80.01-Administration and Support Services . . . 3,302,000
(4) 80.02-Distributed Administration and Support Services . . .
-3,302,000
(5) Reimbursements . . . -46,000
Provisions:
1. The funds appropriated in this item shall only be available for
the
California Student Aid Commission's state operations activities.
2. It is the intent of the Legislature that funding from the Student
Loan
Operating Fund be used in accordance with federal law.
3. It is the intent of the Legislature that the California Student
Aid
Commission use up to $30 million of the unencumbered balance of the
Student Loan Operating Fund as a reserve to fulfill its obligations
under the Federal Family Education Loan Program.
4. Pursuant to legislation enacted during the 2003-04 Regular Session
of the Legislature, the California Student Aid Commission may
develop a carefully crafted business diversification plan that would
help it remain competitive. The Student Aid Commission shall be
further authorized, pursuant to legislation enacted during the
2003-04
Regular Session, to transfer up to $70,000,000 of the unencumbered
balance of the Student Loan Operating Fund for purposes of business
diversification.
5. If the revenues derived from the federal Voluntary Flexible
Agreement, which will be received in February 2005, are
significantly lower than the $68,000,000 expected level, the
Department of Finance shall notify the Joint Legislative Budget
Committee and, if needed, recommend action to ensure the EdFUND's
viability.
7980-101-0001--For local assistance, Student Aid Commission . . .
636,829,000
Schedule:
(1) 15-Financial Aid Grants Program . . . 808,092,000
(2) Reimbursements . . . -161,042,000
(3) Amount payable from the Federal Trust Fund (Item
7980-101-0890) . . . -10,221,000
Provisions:
1. Funds appropriated in Schedule (1) are for the purposes of all of
the following:
(a) Awards in the Cal Grant Program under Chapter 1.7 (commencing
with Section 69430) and Article 3 (commencing with Section 69530)
of Chapter 2 of Part 42 of the Education Code.
(b) Graduate fellowship renewal awards under former Article 9
(commencing with Section 69670) of Chapter 2 of Part 42 of the
Education Code.
(c) Grants under Section 4709 of the Labor Code.
(d) California Student Opportunity and Access Program contract
agreements under Article 4 (commencing with Section 69560) of
Chapter 2 of Part 42 of the Education Code.
(e) The purchase of loan assumptions under Article 5 (commencing
with Section 69612) of Chapter 2 of Part 42 of the Education Code.
7,700 warrants shall be issued to California students pursuant to the
purchase of loan assumptions.
(f) The purchase of loan assumptions under Article 5.5 (commencing
with Section 69618) of Chapter 2 of Part 42 of the Education Code.
(g) New and renewal Cal Grant awards.
2. If federal trust funds for the 2004-05 fiscal year exceed budgeted
levels, the funds appropriated shall, to the extent allowable by
federal
law, be reduced on a dollar-for-dollar basis.
3. Eligibility for moneys appropriated by this item is limited to
students who demonstrate financial need according to the nationally
accepted needs analysis methodology, who meet other Student Aid
Commission eligibility criteria, and whose income or family's gross
income does not exceed $78,100 for the purposes of determining
recipients for the 2004-05 award year.
4. Notwithstanding any other provision of law, the maximum award
for:
(c) New recipients attending private and independent institutions
shall
be $8,322;
(d) All recipients receiving Cal Grant B access awards shall be
$1,551;
(e) All recipients receiving Cal Grant C tuition and fee awards shall
be $2,592; and
(f) All recipients receiving Cal Grant C book and supply awards shall
be $576.
5. Of the funds appropriated in Schedule (1), at least $8,567,000 in
reimbursements from the federal Family Education Loan Program,
administered by the Student Aid Commission as the State Student
Loan Guarantee Agency, is for the purposes of the California Student
Opportunity and Access Program to provide financial aid awareness
and related outreach, consistent with Article 4 (commencing with
Section 69560) of Chapter 2 of Part 42 of the Education Code and
Section 1072b of Title 20 of the United States Code.
6. Notwithstanding any other provision of law, the commission may
not issue new warrants for the assumption of loans for the Graduate
Assumption Program of Loans for Education pursuant to Section
69618 et seq. of the Education Code.
7. The amount listed in Schedule (2) of this item includes
$146,500,000 in one-time funds received from the Student Loan
Operating Fund, for expenditure within the Cal Grant Program.
No state General Fund moneys shall be used for the Cal Grant
programs until such time as the $146,500,000 in reimbursements
received from the Student Loan Operating Fund have been fully
expended.
It is the intent of the Legislature that funding provided by the
Student
Loan Operating Fund for the Cal Grant programs be short-term in
nature until such time as the state's fiscal situation improves to
allow
these programs to be funded wholly or in part by the state General
Fund.
8. It is the intent of the Legislature that funding from the Student
Loan
Operating Fund be used in accordance with federal law.
7980-101-0890--For local assistance, Student Aid Commission, for
payment to Item 7980-101-0001, payable from the Federal Trust Fund
. . . 10,221,000
7980-495--Reversion, Student Aid Commission. The unencumbered
balance as of June 30, 2004, of the appropriation provided in the
following citation shall revert to the fund balance of the fund from
which the appropriation was made.
0001--General Fund
(1) Item 7980-101-0001, Budget Act of 2003 (Ch. 157, Stats. 2003)
LABOR AND WORKFORCE DEVELOPMENT
AGENCY
7100-001-0001--For support of Employment Development
Department, for payment to Item 7100-001-0870 . . . 18,786,000
7100-001-0184--For support of Employment Development
Department, for payment to Item 7100-001-0870, payable from the
Employment Development Department Benefit Audit Fund . . .
12,642,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
7100-001-0185--For support of Employment Development
Department, for payment to Item 7100-001-0870, payable from the
Employment Development Contingent Fund . . . 54,514,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant
to Section 1586 of the Unemployment Insurance Code.
2. The Department of Finance is authorized to approve expenditures in
any amount made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment of a federal or state law, the adoption of a federal
regulation, or following a court decision, during the 2004-05 fiscal
year that are within or in excess of amounts appropriated in this act
for that year.
3. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
4. Notwithstanding any other provision of law and sections of this
act,
the Director of the Employment Development Department (EDD) may
augment this item by up to $2,500,000 to make interest payments on an
Unemployment Fund loan secured to pay Unemployment Insurance
(UI) benefits. The EDD will notify the Department of Finance by
August 1, 2004, of a planned augmentation by submitting an estimated
interest calculation for review. The amount disbursed under this
augmentation is limited to actual interest due on an Unemployment
Fund loan secured to pay UI benefits. Pursuant to Provision 1 of Item
7100-011-0185, any amount not disbursed for the pur-pose specified
above shall be transferred to the General Fund.
7100-001-0514--For support of Employment Development
Department, for payment to Item 7100-001-0870, payable from the
Employment Training Fund . . . 18,353,000
Provisions:
1. Upon order of the Director of Finance, funds disencumbered from
Employment Training Fund training contracts during 2004-05 that
have not reverted as of July 1, 2004, may be appropriated in
augmentation of this item.
3. Notwithstanding subparagraph (B) of paragraph (2) of subdivision
(a) of Section 10206 of the Unemployment Insurance Code, the
Employment Training Panel's administrative costs may exceed 15
percent of the amount appropriated in this item.
4. Provision 3 of Item 7100-001-0870 also applies to the amount
appropriated in this item.
7100-001-0588--For support of Employment Development
Department, for payment to Item 7100-001-0870, payable from the
Unemployment Compensation Disability Fund . . . 198,263,000
Provisions:
1. The Employment Development Department shall submit on October
1, 2004, and April 20, 2005, to the Department of Finance for its
review and ap-proval, an estimate of expenditures for both the
current
and budget years, including the assumptions and calculations
underlying Employment Development Department projections for
expenditures from this item. The Department of Finance shall
approve, or modify, the assumptions underlying all estimates within
15 working days of the due date. If the Department of Finance does
not approve or modify in writing, the assumptions underlying all
estimates within 15 working days of the due date, the Employment
Development Department shall consider the assumptions and
calculations approved as submitted. If the Department of Finance
determines that the estimate of expenditures differs from the amount
appropriated by this item, the Director of Finance shall so report to
the Legislature. At the time the report is made, the amount of this
appropriation shall be adjusted by the difference between this Budget
Act appropriation and the approved estimate of the Department of
Finance. Revisions reported pursuant to this provision are not
subject
to Section 28.00 of this act.
2. The Department of Finance is authorized to approve expenditures in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment of a federal or state law, the adoption of a federal
regulation, or the following of a court decision, during the 2004-05
fiscal year that are within or in excess of amounts appropriated in
this
act for that year.
7100-001-0869--For support of state programs under the Workforce
Investment Act (WIA), Employment Development Department,
payable from the Consolidated Work Program Fund . . . 154,850,000
Schedule:
(3) 61.10-WIA Administration . . . 1,400,000
(4) 61.20-WIA Program Support . . . 15,400,000
(5) 61.30-WIA Local Program Services . . . 8,900,000
(6) 61.40-WIA Growth Industries . . . 1,200,000
(7) 61.50-WIA Industries with a Statewide Need . . . 16,850,000
(8) 61.60-WIA Removing Barriers for Special Needs Populations . . .
20,500,000
(9) 61.70-WIA Rapid Response Activities . . . 45,600,000
(10) 62.10-National Emergency Grant Program . . . 45,000,000
Provisions:
1. Provision 1 of Item 7100-001-0588 also applies to this item.
3. The Secretary of Labor and Workforce Development is authorized
to transfer up to $500,000 of the funds appropriated in this item to
the
California Workforce Investment Board, Federal Trust Fund, Item
7120-001-0890, to facilitate the implementation and operation of the
WIA Program. Any transfer made pursuant to this provision shall be
reported in writing to the Department of Finance, the chairpersons of
the fiscal committees of each house of the Legislature, and the
Chairperson of the Joint Legislative Budget Committee within 30 days
of the date of the transfer.
4. Notwithstanding any other provision of law, the Secretary of Labor
and Workforce Development is authorized to transfer funds between
categories (Schedules (3) to (8), inclusive) as included in the
schedule to be used for projects. Any transfer made pursuant to this
provision shall be reported in writing to the Department of Finance,
the chairpersons of the fiscal committees of each house, and the
Chairperson of the Joint Legislative Budget Committee within 30 days
of the date of the transfer.
5. Up to $310,000 of the funds appropriated in Schedule (8) shall be
used to provide fire and fuel reduction training for California
Conservation Corps members participating in the fuels management
partnership.
7100-001-0870--For support of Employment Development
Department, payable from the Unemployment Administration
Fund-Federal . . . 585,484,000
Schedule:
(1) 10-Employment and Employment Related Services . . .
207,981,000
(2) 21-Tax Collections and Benefit Payments . . . 623,905,000
(3) 22-California Unemployment Insurance Appeals Board . . .
69,261,000
(4) 30.01-General Administration . . . 46,767,000
(5) 30.02-Distributed General Administration . . . -46,515,000
(6) 50-Employment Training Panel . . . 13,602,000
(7) Reimbursements . . . -26,045,000
(8) Reimbursements--Program 50, Employment Training Panel . . . 0
(9) Amount payable from the General Fund (Item 7100-001-0001) . . .
-18,786,000
(10) Amount payable from the Employment Development Department
Benefit Audit Fund (Item 7100-001-0184) . . . -12,642,000
(11) Amount payable from the Employment Development Contingent
Fund (Item 7100-001-0185) . . . -54,514,000
(12) Amount payable from the Employment Training Fund (Item
7100-001-0514) . . . -18,353,000
(13) Amount payable from the Unemployment Compensation
Disability Fund (Item 7100-001-0588) . . . -198,263,000
(14) Amount payable from the School Employees Fund (Item
7100-001-0908) . . . -914,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appro priated pursuant to Section 1555 of
the Unemployment Insurance Code.
2. Provision 1 of Item 7100-001-0588 also applies to funds
appropriated in this item for the Unemployment Insurance Program.
3.5 Upon certification that funds are available for allocation to
this
program, the Director of Finance shall increase the amount scheduled
in this item for Program 50, Employment Training Panel, by an amount
of up to $40,000,000.
7100-001-0908--For support of Employment Development
Department, for payment to Item 7100-001-0870, payable from the
School Employees Fund . . . 914,000
Provisions:
1. The Department of Finance is authorized to approve expenditures in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment of a federal or state law, the adoption of a federal
regulation, or the following of a court decision, during the 2004-05
fiscal year that are within or in excess of amounts appropriated in
this
act for that year.
2. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appro-priated for administration pursuant
to Section 822 of the Unemployment Insurance Code.
3. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-011-0184--For transfer by the Controller, upon order of the
Director of Finance, from the Employment Development Department
Benefit Audit Fund, to the General Fund . . . (55,000)
Provisions:
1. The unencumbered balance in the Employment Development
Department Benefit Audit Fund as of June 30, 2005, shall be
transferred to the General Fund.
7100-011-0185--For transfer by the Controller, upon order of the
Director of Finance, from the Employment Development Contingent
Fund, to the General Fund . . . (21,430,000)
Provisions:
1. Notwithstanding any other provision of law, the State Controller
shall transfer to the General Fund the unencumbered balance, as
determined by the Director of Finance, in the Employment
Development Contingent Fund as of June 30, 2005.
7100-011-0890--For support of Employment Development
Department, payable from the Federal Trust Fund, for transfer to the
Unemployment Administration Fund--Federal . . . (585,484,000)
7100-021-0890--For support of Employment Development
Department, payable from the Federal Trust Fund, for transfer to the
Consolidated Work Program Fund . . . (154,850,000)
7100-101-0588--For local assistance, Employment Development
Department, for Program 21--Tax collections and benefit payments,
payable from the Unemployment Compensation Disability Fund . . .
4,045,433,000
Provisions:
1. The Department of Finance is authorized to approve expenditures in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment of a federal or state law, the adoption of a federal
regulation, or the following of a court decision, during the 2004-05
fiscal year that are within or in excess of amounts appropriated in
this
act for that year.
2. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appro-priated pursuant to Section 3012 of
the Unemployment Insurance Code.
3. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-101-0869--For local assistance under Workforce Investment
Act (WIA), Employment Development Department, Program 61-WIA
Program, payable from the Consolidated Work Program Fund . . .
342,399,000
Provisions:
1. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-101-0871--For local assistance, Employment Development
Department, for Program 21--Tax collections and benefit payments,
payable from the Unemployment Administration Fund--Federal . . .
6,196,700,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
would have otherwise been appropriated pursuant to Section 1521 of
the Unemployment Insurance Code.
2. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-101-0890--For local assistance, Employment Development
Department, payable from the Federal Trust Fund, for transfer to the
Consolidated Work Program Fund . . . (342,399,000)
7100-101-0908--For local assistance, Employment Development
Department, for Program 21--Tax collections and benefit payments,
payable from the School Employees Fund . . . 147,493,000
Provisions:
1. The Department of Finance is authorized to approve expenditures in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment of a federal or state law, the adoption of a federal
regulation, or the following of a court decision, during the 2004-05
fiscal year that are within or in excess of amounts appropriated in
this
act for that year.
2. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for benefits pursuant to
Section 822 of the Unemployment Insurance Code.
3. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-111-0890--For local assistance, Employment Development
Department, payable from the Federal Trust Fund, for transfer to the
Unemployment Administration Fund--Federal . . . (6,196,700,000)
7100-311-0690--For capital outlay, Employment Development
Department. To prevent the loss of funds in the Employment
Development Department Building Funds, the unencumbered balances
of the funds deposited in the Employment Development Department
Building Fund shall be transferred to the Federal Unemployment
Administration Fund.
Provisions:
1. The Employment Development Department shall report to the
Legislature by September 1, 2005, the amount of funds transferred
pursuant to this item.
7120-001-0890--For support of the California Workforce Investment
Board, payable from the Federal Trust Fund . . . 4,564,000
Schedule:
(1) 10-California Workforce Investment Program . . . 5,429,000
(2) Reimbursements . . . -865,000
Provisions:
1. The secretary of the agency that is responsible for oversight of
the
Employment Development Department, with the approvals of the
California Workforce Investment Board and Department of Finance,
and not sooner than 30 days after notification to the Joint
Legislative
Budget Committee, is authorized to transfer funds appropriated in
this
item to the Employment Development Department, Consolidated Work
Program Fund, Item 7100-001-0869, to facilitate the implementation
and operation of the Workforce Investment Act Program.
7300-001-0001--For support of Agricultural Labor Relations Board .
. . 4,841,000
Schedule:
(1) 10-Board Administration . . . 2,105,000
(2) 20-General Counsel Administration . . . 2,736,000
(3) 30.01-Administrative Services . . . 239,000
(4) 30.02-Distributed Administrative Services . . . -239,000
7350-001-0001--For support of Department of Industrial Relations . .
. 60,443,000
Schedule:
(1) 10-Regulation of Workers' Compensation Self-Insurance Plans . . .
2,901,000
(2) 20-Conciliation of Employer-Employee Disputes . . . 2,086,000
(3) 30-Workers' Compensation Administration . . . 127,806,000
(4) 36-Commission on Health and Safety and Workers' Compensation
. . . 2,727,000
(5) 40-Prevention of Industrial Injuries and Deaths of California
Workers . . . 79,216,000
(6) 50-Enforcement and Promulgation of Laws Relating to Wages,
Hours, and Conditions of Employment, and Licensing and
Adjudication . . . 41,523,000
(7) 60-Promotion, Development, and Administration of
Apprenticeship and Other On-the-Job Training . . . 8,149,000
(8) 70-Labor Force Research and Data Dissemination . . . 3,766,000
(9) 80-Payment of Claims, Wages, and Contingencies . . . 892,000
(10) 94.01-Administration . . . 23,151,000
(11) 94.02-Distributed Administration . . . -23,151,000
(12) Reimbursements . . . -3,632,000
(13) Amount payable from the Farmworkers Remedial Account (Item
7350-001-0023) . . . -102,000
(14) Amount payable from the Cal-OSHA Targeted Inspection and
Consultation Fund (Item 7350-001-0096) . . . -13,081,000
(15) Amount payable from the Workers' Compensation Managed Care
Fund (Item 7350-001-0132) . . . -551,000
(16) Amount payable from the Industrial Relations Construction
Industry Enforcement Fund (Item 7350-001-0216) . . . -55,000
(17) Amount payable from the Workers' Compensation Administration
Revolving Fund (Item 7350-001-0223) . . . -127,345,000
(18) Amount payable from the Asbestos Consultant Certification
Account (Item 7350-001-0368) . . . -318,000
(19) Amount payable from the Asbestos Training Approval Account
(Item 7350-001-0369) . . . -231,000
(20) Amount payable from the Self-Insurance Plans Fund (Item
7350-001-0396) . . . -2,857,000
(21) Amount payable from the Elevator Safety Inspection Account
(Item 7350-001-0452) . . . -12,116,000
(22) Amount payable from the Pressure Vessel Inspection Account
(Item 7350-001-0453) . . . -3,739,000
(23) Amount payable from the Garment Manufacturers Special
Account (Item 7350-001-0481) . . . -200,000
(24) Amount payable from the Employment Training Fund (Item
7350-001-0514) . . . -2,957,000
(25) Amount payable from the Federal Trust Fund (Item
7350-001-0890) . . . -29,465,000
(26) Amount payable from the Industrial Relations Unpaid Wage Fund
(Item 7350-001-0913) . . . -1,050,000
(27) Amount payable from the Industrial Relations Unpaid Wage Fund
(Sec. 96.6, Labor Code) . . . -500,000
(28) Amount payable from the Electrician Certification Fund (Item
7350-001-3002) . . . -1,913,000
(29) Amount payable from the Permanent Amusement Ride Safety
Inspection Fund (Item 7350-001-3003) . . . -1,762,000
(30) Amount payable from the Garment Industry Regulations Fund
(Item 7350-001-3004) . . . -2,251,000
(31) Amount payable from the Apprenticeship Training Contribution
Fund (Item 7350-001-3022) . . . -3,179,000
(32) Amount payable from the Workers' Occupational Safety and
Health Education Fund (Item 7350-001-3030) . . . -1,079,000
(33) Amount payable from the Car Wash Worker Restitution Fund
(Item 7350-001-3071) . . . -80,000
(34) Amount payable from the Car Wash Worker Fund (Item
7350-001-3072) . . . -160,000
7350-001-0023--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Farmworkers
Remedial Account . . . 102,000
7350-001-0096--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Cal-OSHA
Targeted Inspection and Consultation Fund . . . 13,081,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
7350-001-0132--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Workers'
Compensation Managed Care Fund . . . 551,000
7350-001-0216--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Industrial
Relations Construction Industry Enforcement Fund . . . 55,000
7350-001-0223--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Workers'
Compensation Administration Revolving Fund . . . 127,345,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund to the Workers' Compensation Administration Revolving Fund,
in an amount not to exceed 60 percent of the amount appropriated in
this item, provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt
of employer assessments to support the Workers' Compensation
Administration Revolving Fund, the Subsequent Injuries Benefits
Trust Fund, and the Uninsured Employers Benefits Trust Fund.
(b) The loan is short term and shall be repaid in two equal
installments due on March 31 and June 30 of the fiscal year in which
the loan is authorized.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section 16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval is made in writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of the
committee in each house that considers appropriations not later than
30 days prior to the effective date of the approval, or not sooner
than
whatever lesser time the chairperson of the joint committee or his or
her designee may determine.
2. Notwithstanding any other provision of law, the funds appropriated
in this item may be used to pay workers' compensation benefits for
the
Subsequent Injuries Program and the Uninsured Employers Program,
if either or both of those funds' reserves are insufficient to make
the
payments. Any expenditures made pursuant to this provision shall be
credited to the Workers' Compensation Administration Revolving
Fund upon receipt of sufficient revenues.
3. The Director of Finance may augment this item by up to 10% of the
amount appropriated in this item upon approval of an expenditure plan
for the implementation of SB 899 (Ch. 34, Stats. 2004). The
Department of Industrial Relations shall submit this plan to the
Department of Finance no later than August 1, 2004. Any augmentation
shall be authorized no sooner than 30 days after notification in
writing
to the chairpersons of the committees in each house of the
Legislature
that considers appropriations, the chairpersons of the committee and
appropriate subcommittees that consider the State Budget, and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget Committee or his or her designee may determine.
4. Funds appropriated in this item for the development of a workers'
compensation case management system shall not be available for
expenditure until a Feasibility Study Report is approved by the
Department of Finance.
7350-001-0368--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Asbestos
Consultant Certification Account . . . 318,000
7350-001-0369--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Asbestos
Training Approval Account . . . 231,000
7350-001-0396--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Self-Insurance
Plans Fund . . . 2,857,000
7350-001-0452--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Elevator
Inspection Account . . . 12,116,000
7350-001-0453--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Pressure Vessel
Account . . . 3,739,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
7350-001-0481--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Garment
Manufacturers Special Account . . . 200,000
7350-001-0514--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Employment
Training Fund . . . 2,957,000
Provisions:
1. Notwithstanding Section 1611 of, and Chapter 3.5 (commencing
with Section 10200) of Part 1 of Division 3 of, the Unemployment
Insurance Code, $2,957,000 from the Employment Training Fund shall
be transferred by the State Controller to the Department of
Industrial
Relations for the support of the Division of Apprenticeship
Standards.
7350-001-0890--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Federal Trust
Fund . . . 29,465,000
7350-001-0913--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Industrial
Relations Unpaid Wage Fund . . . 1,050,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated by
this item shall be expended by the Department of Industrial Relations
Division of Labor Standards Enforcement to administer the Targeted
Industries Partnership Program to increase enforcement and
compliance in the agricultural, garment, and restaurant industries.
2. It is the intent of the Legislature that the Targeted Industries
Partnership Program result in increased enforcement of, and
compliance by, the agricultural, garment, and restaurant industries
regarding wages, hours, conditions of employment, licensing,
registration, child labor laws and regulations.
7350-001-3002--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Electrician
Certification Fund . . . 1,913,000
7350-001-3003--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Permanent
Amusement Ride Safety Inspection Fund . . . 1,762,000
7350-001-3004--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Garment
Industry Regulations Fund . . . 2,251,000
7350-001-3022--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Apprenticeship
Training Contribution Fund . . . 3,179,000
7350-001-3030--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Worker's
Occupational Safety and Health Education Fund . . . 1,079,000
7350-001-3071--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Car Wash
Worker Restitution Fund . . . 80,000
7350-001-3072--For support of Department of Industrial Relations,
for payment to Item 7350-001-0001, payable from the Car Wash
Worker Fund . . . 160,000
7350-295-0001--For local assistance, Department of Industrial
Relations, for reimbursement, in accordance with the provisions of
Section 6 of Article XIII B of the California Constitution or Section
17561 of the Government Code, of the costs of any new program or
increased level of service of an existing program mandated by statute
or executive order, for disbursement by the State Controller . . .
2,000
Schedule:
(1) 98.01.117.189-Peace Officer's Cancer Presumption (Ch. 1171,
Stats. 1989) . . . 1,000
(2) 98.01.156.882-Firefighter's Cancer Presumption (Ch. 1568, Stats.
1982) . . . 1,000
(3) 98.01.999.001-Personal alarm devices (8 Cal. Code Regs. Sec.
3401(c)) . . . 0
(4) 98.01.999.002-Structural and wildland firefighter safety clothing
and equipment (8 Cal. Code Regs. Secs. 3401 to 3410, incl.) . . . 0
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
appropriated in this item to the appropriate local entities shall be
made by the State Controller in accordance with the provisions of
each statute or executive order that mandates the reimbursement of
the
costs, and shall be audited to verify the actual amount of the
mandated
costs in accordance with subdivision (d) of Section 17561 of the
Government Code. Audit adjustments to prior year claims may be
paid from this item. Funds appropriated in this item may be used to
provide reimbursement pursuant to Article 5 (commencing with
Section 17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notification
of
the Director of Finance in writing, augment those deficient amounts
from the unencumbered balance of any other scheduled amounts
therein. No order may be issued pursuant to this provision unless
written notification of the necessity therefor is provided to the
chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee or his or her designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(3) Personal alarm devices (8 Cal. Code Regs. Sec. 3401(c)).
(4) Structural and wildland firefighter safety clothing and equipment
(8 Cal. Code Regs. Secs. 3401 to 3410, incl.).
7350-490--Reappropriation, Department of Industrial Relations.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citations is extended to June 30, 2005:
0001--General Fund
(1) Item 7350-001-0001, Budget Act of 2003 (Ch. 157, Stats. 2003),
$960,000 for the DLSE Case Management System.
0223--Workers' Compensation Administration Revolving Fund
(1) Item 7350-001-0223, Budget Act of 2003 (Ch. 157, Stats. 2003),
$650,000 for implementation of workers' compensation reforms.
GENERAL GOVERNMENT
8120-001-0268--For support of Commission on Peace Officer
Standards and Training, payable from the Peace Officers' Training
Fund . . . 12,430,000
Schedule:
(1) 10-Standards . . . 6,663,000
(2) 20-Training . . . 21,575,000
(2.5) 30-Peace officer training . . . 118,000
(3) 40.01-Administration . . . 5,021,000
(4) 40.02-Distributed Administration . . . -5,021,000
(5) Reimbursements . . . -1,259,000
(6) Amount payable from the Peace Officers' Training Fund (Item
8120-011-0268) . . . -13,111,000
(7) Amount payable from the Peace Officers' Training Fund (Item
8120-012-0268) . . . -1,556,000
8120-011-0268--For support of Commission on Peace Officer
Standards and Training, for payment to Item 8120-001-0268, payable
from the Peace Officers' Training Fund . . . 13,111,000
Provisions:
1. Funds appropriated in this item are to be used for contractual
services in support of local training programs, pursuant to Section
13503(c) of the Penal Code.
2. Funds may be transferred between this item and Item
8120-101-0268 to meet the needs of local training programs.
8120-012-0268--For support of Commission on Peace Officer
Standards and Training, for payment to Item 8120-001-0268, payable
from the Peace Officers' Training Fund . . . 1,556,000
Provisions:
1. The funds appropriated in this item are to be used for
implementation of the "Tools for Tolerance" training program for law
enforcement personnel operated by the Simon Wiesenthal
Center-Museum of Tolerance. Eligibility to receive funds
appropriated by this item as reimbursements is limited to law
enforcement agencies authorized by law to receive training
reimbursements from the Peace Officers' Training Fund. Both sworn
of ficers and nonsworn personnel who have contact with the public
shall, at the discretion of the head of the law enforcement agency
seeking reimbursement under this provision, be eligible for
reimbursement, provided that the Museum of Tolerance gives priority
to training sworn officers.
8120-101-0268--For local assistance, Commission on Peace Officer
Standards and Training, Program 30, for allocation to cities,
counties,
and cities and counties pursuant to Section 13523 of the Penal Code,
payable from the Peace Officers' Training Fund . . . 25,382,000
Provisions:
1. Funds may be transferred between this item and Item
8120-011-0268 to meet the needs of local training programs.
2. The Director of Finance may authorize the augmentation of the
total
amount available for expenditure under this item in the amount of
revenue received by the Peace Officers' Training Fund that is in
addition to the revenue appropriated by this item, not sooner than 30
days after written notification to the chairpersons of the respective
fiscal committees and the Chairperson of the Joint Legislative Budget
Committee or his or her designee.
8120-102-0268--For local assistance, Commission on Peace Officer
Standards and Training, Program 30, payable from the Peace Officers'
Training Fund . . . 444,000
Provisions:
1. Funds appropriated in this item are to be used for implementation
of the "Tools for Tolerance" training program for law enforcement
personnel operated by the Simon Wiesenthal Center-Museum of
Tolerance. Eligibility to receive funds appropriated by this item as
reimbursements is limited to law enforcement agencies authorized by
law to receive training reimbursements from the Peace Officers'
Training Fund. Both sworn officers and nonsworn personnel who
have contact with the public shall, at the discretion of the head of
the
law enforcement agency seeking reimbursement under this provision,
be eligible for reimbursement, provided that the Museum of Tolerance
gives priority to training sworn officers.
8120-295-0001--For local assistance, the Commission on Peace
Officer Standards and Training, for reimbursement, in accordance
with the provisions of Section 6 of Article XIII B of the California
Constitution or Section 17561 of the Government Code, of the costs of
any new program or increased level of service of an existing program
mandated by statute or executive order, for disbursement by the State
Controller . . . 1,000
Schedule:
(1) 98.01.024.695--Domestic Violence Arrest Policies and Standards
(Ch. 246, Stats. 1995) . . . 1,000
(2) 98.01.012.693--Law Enforcement Sexual Harassment Training
(Ch. 126, Stats. 1993) . . . 0
(3) 98.01.044.497--Elder Abuse Law Enforcement Training (Ch. 444,
Stats. 1997) . . . 0
Provisions:
1. Except as provided in Provision 2, allocations of funds provided
in
this item to the appropriate local entities shall be made by the
State
Controller in accordance with the provisions of each statute or
executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandate costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(2) Law Enforcement Sexual Harassment Training (Ch. 126, Stats.
1993)
(3) Elder Abuse Law Enforcement Training (Ch. 444, Stats. 1997)
8140-001-0001--For support of State Public Defender . . . 11,176,000
Schedule:
(1) 10-State Public Defender . . . 11,176,000
Provisions:
1. Any federal funds received by the Office of the State Public
Defender as reimbursements for legal services provided for capital
cases shall revert to the unappropriated surplus of the General Fund.
8180-101-0001--For local assistance, payment to local government
for costs of homicide trials, for payment by the State Controller . .
.
4,746,000
Provisions:
1. This item is for payment to counties for costs of homicide trials
pursuant to Sections 15201 to 15203, inclusive, of the Government
Code, provided that expenditures made under this item shall be
charged to the fiscal year in which the warrant is issued by the
Controller.
2. The Controller shall reimburse counties for reasonable and
necessary expenses incurred pursuant to Section 15202 of the
Government Code except that reimbursements to a county shall not
exceed: (a) for attorney services, an hourly rate equal to that
county's
average hourly cost for public defenders, the hourly rate paid to
appointed counsel, or the hourly rate charged state agencies by the
Attorney General for attorney services, whichever rate is less; (b)
for
investigators, an hourly rate equal to that county's average hourly
cost
for county-employed investigators or the hourly rate charged state
agencies by the Attorney General for investigators, whichever rate is
less; and (c) for expert witnesses, the hourly rate that the county
generally pays for these services.
8260-001-0001--For support of California Arts Council . . .
1,075,000
Schedule:
(1) Arts Council . . . 3,128,000
(2) Reimbursements . . . -197,000
(3) Amount payable from the Graphic Design License Plate Account
(Item 8260-001-0078) . . . -893,000
(4) Amount payable from the Federal Trust Fund (Item
8260-001-0890) . . . -963,000
8260-001-0078--For support of California Arts Council, for payment
to Item 8260-001-0001, payable from the Graphic Design License
Plate Account . . . 893,000
8260-001-0890--For support of California Arts Council, for payment
to Item 8260-001-0001, payable from the
Federal Trust Fund . . .
963,000
8260-101-0001--For local assistance, California Arts Council, for
grants and subventions . . . 1,000,000
8260-490--Reappropriation, California Arts Council. The balance of
the appropriations provided in the following citations is
reappropriated for the purposes provided for in those appropriations
and shall be available for encumbrance or expenditure until June 30,
2005:
(1) Item 8260-103-0001, Budget Act of 2000 (Ch. 52, Stats. 2000).
Notwithstanding Provision 8(b) of Item 8260-103-0001, Budget Act
of 2000 (Ch. 52, Stats. 2000), funds appropriated to the City of San
Diego: Sikes Adobe State Point of Historic Interest Restoration are
hereby reappropriated for the purpose of allowing the San Dieguito
River Park Joint Powers Authority to complete this restoration.
(2) Item 8260-103-0001, Budget Act of 1999 (Ch. 50, Stats. 1999).
Notwithstanding Provision 4(b) of Item 8260-103-0001, Budget Act
of 1999 (Ch. 50, Stats. 1999), funds appropriated to the Italian Hall
are hereby reappropriated for the purpose of allowing the Italian
Hall
to complete the capital outlay project.
8320-001-0001--For support of Public Employment Relations Board .
. . 4,893,000
Schedule:
(1) 11-Public Employment Relations . . . 4,905,000
(2) Reimbursements . . . -12,000
8380-001-0001--For support of Department of Personnel
Administration . . . 14,563,000
Schedule:
(1) 10-Policy Operations . . . 4,746,000
(2) 20-Labor Relations . . . 8,524,000
(3) 25-Legal . . . 5,023,000
(4) 40.01-Administration . . . 4,533,000
(5) 40.02-Distributed Administration . . . -4,533,000
(6) 54-Benefits Administration . . . 18,933,000
(7) 56-Training and Development . . . 4,331,000
(8) Reimbursements . . . -16,393,000
(9) Amount payable from the Flexelect Benefit Fund (Item
8380-001-0821) . . . -1,120,000
(10) Amount payable from the Deferred Compensation Plan Fund
(Item 8380-001-0915) . . . -9,481,000
8380-001-0821--For support of Department of Personnel
Administration, for payment to Item 8380-001-0001, payable from the
Flexelect Benefit Fund . . . 1,120,000
8380-001-0915--For support of Department of Personnel
Administration, for payment to Item 8380-001-0001, payable from the
Deferred Compensation Plan Fund . . . 9,481,000
8380-004-0001--For support of Department of Personnel
Administration . . . 22,582,000
Schedule:
(1) 54-Benefits Administration . . . 22,582,000
8380-490--Reappropriation, Department of Personnel Administration.
Notwithstanding any other provision of law, as of June 30, 2004, the
balance of the appropriation provided in the following citation is
reappropriated for purposes provided for in that appropriation and
shall be available for encumbrance and expenditure until June 30,
2005:
0367--Indian Gaming Special Distribution Fund
(1) Item 8380-001-0367, Budget Act of 2000 (Ch. 52, Stats. 2000), as
reappropriated by Item 8380-490, Budget Act of 2001 (Ch. 106, Stats.
2001), Item 8380-490, Budget Act of 2002 (Ch. 379, Stats. 2002) and
Item 8380-490, Budget Act of 2003 (Ch. 157, Stats. 2003)
8380-495--Reversion, Department of Personnel Administration. The
unencumbered balance as of January 1, 2005, of the appropriations
provided in the following citations shall revert to the fund balance
of
the General Fund:
(1) Item 8380-004-0001, Budget Act of 2002 (Ch. 379, Stats. 2002)
(2) Item 8380-004-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
8385-001-0001--For support of California Citizens' Compensation
Commission, Program 10 . . . 14,000
8500-001-0152--For support of Board of Chiropractic Examiners,
payable from the State Board of Chiropractic Examiners Fund . . .
2,318,000
Schedule:
(1) 10-Board of Chiropractic Examiners . . . 2,359,000
(2) Reimbursements . . . -41,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
8530-001-0290--For support of Board of Pilot Commissioners for the
Bays of San Francisco, San Pablo and Suisun, payable from the
Board of Pilot Commissioners' Special Fund . . . 1,207,000
Schedule:
(1) 10.01-Support . . . 568,000
(2) 10.02-Training . . . 639,000
Provisions:
1. The amount appropriated in this item may include revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
8550-001-0191--For support of California Horse Racing Board,
payable from the Fair and Exposition Fund . . . 8,163,000
Schedule:
(1) 10-California Horse Racing Board . . . 8,432,000
(2) Amount payable from the Racetrack Security Account, Special
Deposit Fund (Item 8550-001-0942) . . . -269,000
8550-001-0942--For support of California Horse Racing Board, for
payment to Item 8550-001-0191, payable from the Racetrack Security
Account, Special Deposit Fund . . . 269,000
8550-011-0942--Notwithstanding paragraph (1) of subdivision (b) of
Section 19641 of the Business and Professions Code, there is hereby
transferred to the General Fund the unencumbered balance of the
Racetrack Security Account, Special Deposit Fund, as of June 30,
2005 . . . (2,000,000)
8570-001-0001--For support of Department of Food and Agriculture .
. . 61,080,000
Schedule:
(1) 11-Agricultural Plant and Animal, Pest and Disease Prevention . .
. 82,569,000
(2) 21-Marketing, Commodities, and Agricultural Services . . .
25,963,000
(3) 31-Assistance to Fairs and County Agricultural Activities . . .
3,310,000
(4) 41.01-Executive, Management, and Administrative Services . . .
12,579,000
(5) 41.02-Distributed Executive, Management, and Administrative
Services . . . -11,562,000
(6) Reimbursements . . . -7,087,000
(7) Amount payable from the Department of Agriculture Account,
Department of Agriculture Fund (Item 8570-001-0111) . . .
-13,948,000
(8) Amount payable from the Fair and Exposition Fund (Item
8570-001-0191) . . . -3,488,000
(9) Amount payable from the Harbors and Watercraft Revolving Fund
(Item 8570-001-0516) . . . -1,175,000
(10) Amount payable from the Agriculture Building Fund (Item
8570-001-0601) . . . -1,395,000
(11) Amount payable from the Federal Trust Fund (Item
8570-0010890) . . . -24,095,000
(12) Amount payable from the Agricultural Pest Control Research
Account (Item 8570-011-0112) . . . -5,000
(13) Amount payable from the Satellite Wagering Account (Item
8570-012-0192) . . . -586,000
Provisions:
1. Funds appropriated to Schedule (1) from Item 8570-001-0111 are
in lieu of the appropriation provided by subdivision (b) of Section
224 of the Food and Agricultural Code for emergency detection,
eradication, or research of agricultural plant or animal pests or
diseases. Any unencumbered balance of these funds shall be available
for transfer to local assistance for payment to counties during the
2004-05 fiscal year, as provided in subdivision (c) of Section 224 of
the Food and Agricultural Code. In addition, notwithstanding any
other provision of law, up to an additional $800,000 of the funds
appropriated pursuant to subdivision (c) of Section 224 of the Food
and Agricultural Code shall be available for use by the Department of
Food and Agriculture for emergency projects to augment Schedule (1)
of this item. The Secretary of Food and Agriculture may expend the
funds identified in this provision with the approval of the Director
of
Finance. The funds that are so appropriated are not subject to
Section
26.00, 28.00, or 28.50 of this act.
2. Funds appropriated from Item 8570-001-0111 are in lieu of the
appropriation provided by subdivision (a) of Section 224 of the Food
and Agricultural Code. In addition, notwithstanding any other
provision of law, of the funds appropriated pursuant to subdivision
(c) of Section 224 of the Food and Agricultural Code, $650,000 shall
be available for use by the Department of Food and Agriculture for
departmental overhead expenses.
3. Notwithstanding any other provision of law, of the funds
appropriated pursuant to subdivision (c) of Section 224 of the Food
and Agricultural Code, $179,000 shall be available for use by the
Department of Food and Agriculture for the County/State Liaison
Director. The Secretary of Food and Agriculture may augment
Schedule (3) of this item with the approval of the Director of
Finance.
The funds that are so appropriated are not subject to Section 26.00,
28.00, or 28.50 of this
act.
4. New and renewed county work plans for red imported fire ant
eradication may include subcontracting relationships with private
entities if the county board of supervisors determines by resolution
that a subcontracting relationship is both effective and
cost-efficient
and the secretary finds that approval of the subcontracting
relationship
will not compromise program goals, such as consistency, authority,
accountability, oversight, efficacy, safety, timeliness, and overall
program costs.
8570-001-0111--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Department of
Agriculture Account, Department of Agriculture Fund . . . 13,948,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
8570-001-0191--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Fair and
Exposition Fund . . . 3,488,000
8570-001-0516--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Harbors and
Watercraft Revolving Fund . . . 1,175,000
8570-001-0601--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Agriculture
Building Fund . . . 1,395,000
Provisions:
1. Funds appropriated in this item are in lieu of the appropriation
made by Section 624 of the Food and Agricultural Code.
8570-001-0890--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Federal Trust
Fund . . . 24,095,000
Provisions:
1. The Department of Finance may authorize the augmentation of this
item in an amount not to exceed a cumulative total of $1,500,000. Any
augmentation pursuant to this provision shall be made only if the
Department of Food and Agriculture has a valid federal contract or
grant. These funds shall not be used for state or federal cooperative
fruit fly eradication projects. The augmentations pursuant to this
authority are not subject to Section 26.00 or 28.00 of this act.
8570-002-0001--For support of Department of Food and Agriculture,
Program 11, for sterile Medfly release program in the Los Angeles
Basin . . . 8,021,000
8570-003-0001--For support of Department of Food and Agriculture,
for rental payments on lease-revenue bonds . . . 1,606,000
Schedule:
(1) Base Rental and Fees . . . 1,622,000
(2) Insurance . . . 12,000
(3) Reimbursements . . . -28,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
8570-003-0111--For support of Department of Food and Agriculture,
for rental payments on lease-revenue bonds, payable from the
Department of Agriculture Account, Department of Agriculture Fund .
. . 40,000
Schedule:
(1) Base Rental . . . 40,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
8570-003-0601--For support of Department of Food and Agriculture,
for rental payments on lease-revenue bonds, payable from the
Agriculture Building Fund . . . 223,000
Schedule:
(1) Base Rental . . . 221,000
(2) Insurance . . . 2,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
8570-004-0001--For transfer by the Controller to the Pierce's Disease
Management Account . . . 4,408,000
Provisions:
1. Of the funds appropriated in this item, $4,408,000 shall be
deposited in the Pierce's Disease Management Account in the Food
and Agricultural Fund and shall be available for expenditure without
regard to fiscal year for the purpose of combating Pierce's disease
and
its vectors.
8570-011-0112--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Agricultural
Pest Control Research Account . . . 5,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
8570-011-0191--For transfer by the State Controller from the Fair and
Exposition Fund to the General Fund, for health benefits for retired
employees of district agricultural associations . . . (246,000)
8570-011-0890--For transfer by the Controller from the Federal Trust
Fund to the Pierce's Disease Management Account . . . 10,995,000
Provisions:
1. The funds appropriated in this item shall be deposited in the
Pierce's Disease Management Account in the Food and Agricultural
Fund and shall be available for expenditure for the purpose of
combating Pierce's disease and its vectors.
8570-012-0192--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Satellite
Wagering Account . . . 586,000
8570-101-0001--For local assistance, Department of Food and
Agriculture . . . 6,078,000
Schedule:
(1) 11-Agricultural Plant and Animal, Pest and Disease Prevention . .
. 6,078,000
(2) 31-Assistance to Fairs and County Agricultural Activities . . .
1,333,000
(3) Amount payable from the Fair and Exposition Fund (Item
8570-101-0191) . . . -950,000
(4) Amount payable from the General Fund (Item 8570-111-0001) . . .
-383,000
8570-101-0191--For local assistance, Department of Food and
Agriculture, for payment to Item 8570-101-0001, payable from the
Fair and Exposition Fund . . . 950,000
Provisions:
1. The funds appropriated in this item are for unemployment insurance
at local fairs.
2. The funds appropriated in this item are for the contributions, or
the
cost of benefits in lieu of contributions, payable from the Fair and
Exposition Fund to the Unemployment Fund by all entities conducting
fairs, including county, district, combined county and district, and
citrus fruit fairs receiving funds pursuant to Chapter 4 (commencing
with Section 19400) of Division 8 of the Business and Professions
Code, as a result of unemployment insurance coverage pursuant to
Section 605 of the Unemployment Insurance Code.
8570-111-0001--For local assistance, Department of Food and
Agriculture, for payment to Item 8570-101-0001 . . . 383,000
Provisions:
1. The funds appropriated in this item are also available for
compensation for services performed for agricultural departments and
are to be expended in accordance with the provisions of Sections
2221 to 2224, inclusive, of the Food and Agricultural Code.
8570-295-0001--For local assistance, Department of Food and
Agriculture, for reimbursement, in accordance with the provisions of
Section 6 of Article XIII
B of the California Constitution or Section 17561 of the Government
Code, of the costs of any new program or increased level of service
of existing program mandated by statute or executive order, for
disbursement by the State Controller . . . 13,900,000
Schedule:
(1) 98.01.075.298-Animal Adoption (Ch. 752, Stats. 1998) . . .
13,900,000
Provisions:
1. Except as provided in Provision 2, allocations of funds provided
in
this item to the appropriate local entities shall be made by the
State
Controller in accordance with the provisions of each statute or
executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior-year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
8570-301-0042--For capital outlay, Department of Food and
Agriculture, payable from the State Highway Account, State
Transportation Fund . . . 6,412,000
Schedule:
(1) 90.80.010-Relocation: Truckee Agriculture Inspection
Station--Working drawings and construction . . . 6,412,000
8570-301-0111--For capital outlay, Department of Food and
Agriculture, payable from the Agriculture Fund . . . 416,000
Schedule:
(1) 90.19.030-Hawaii Medfly Rearing Facility Repairs--Preliminary
plans, working drawings, and construction . . . 416,000
8570-301-0660--For capital outlay, Department of Food and
Agriculture, payable from the Public Buildings Construction Fund . .
.
12,824,000
Schedule:
(1) 90.80.010-Relocation: Truckee Agriculture Inspection
Station--Working drawings and construction . . . 12,824,000
Provisions:
1. The State Public Works Board may issue lease-revenue bonds,
notes, or bond anticipation notes pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b of Division 3 of Title 2 of the
Government Code to finance the design and construction of the project
authorized by this item.
2. The State Public Works Board and the Department of Food and
Agriculture may obtain interim financing for the project costs
authorized in this item from any appropriate source, including, but
not
limited to, Section 15849.1 of the Government Code and the Pooled
Money Investment Account pursuant to Sections 16312 and 16313 of
the Government Code.
3. The State Public Works Board may authorize the augmentation of
the cost of construction of the projects scheduled in this item
pursuant
to the board's authority under Section 13332.11 of the Government
Code. In addition, the State Public Works Board may authorize any
additional amount necessary to establish a reasonable construction
reserve and to pay the costs of financing, including the payment of
interest during construction of the project, the costs of financing a
debt
service fund, and the costs of issuance of permanent financing for
the
project. This additional amount may include interest payable on any
interim financing obtained.
4. This department is authorized and directed to execute and deliver
any and all leases, contracts, agreements or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the scheduled projects.
5. The State Public Works Board shall not itself be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (commencing with Section 21000 of the Public
Resources Code) for any activities under the State Building
Construction Act of 1955 (commencing with Section 15800 of the
Government Code). This section does not exempt this department
from the requirements of the California Environmental Quality Act.
This section is declarative of existing law.
8570-401--For support of Department of Food and Agriculture:
Notwithstanding any other provision of law, $2,900,000 of the funds
appropriated pursuant to subdivision (c) of Section 224 of the Food
and Agricultural Code shall be allocated to counties in a manner
prescribed by the secretary for pest detection/trapping programs.
These funds are intended to supplement funds available for pest
detection/trapping in Item 8570-101-0001. As a condition of
receiving these funds, counties shall not reduce their level of
support
from any other funds for pest detection/trapping programs. If a
county
declines to participate in a pest detection/trapping pro gram, or
fails
to conduct the program to the state's satisfaction, the secretary
shall
reduce, by the amount that would otherwise be allocated to the
county,
funds available pursuant to subdivision (c) of Section 224 and other
state allocations from Item 8570-101-0001. These funds are hereby
appropriated to the Department of Food and Agriculture Item
8570-001-0001 and Item 8570-001-0111 for purposes of operating
the pest detection/trapping programs in the counties.
8570-402--For local assistance, Department of Food and Agriculture:
The remaining funds available pursuant to subdivision (c) of Section
224 of the Food and Agricultural Code, after allocation in
accordance with Item 8570-401 and Provisions 1 and 2 of Item
8570-001-0001, shall be apportioned to the counties as follows: in
relation to each county's expenditures to the total amount expended
by
all counties for the preceding fiscal year for agricultural programs
that
are supervised by the department and for pesticide use enforcement
programs supervised by the Department of Pesticide Regulation. This
item shall not be effective if a later enacted statute amends
subdivision (c) of Section 224 of the Food and Agricultural Code.
8570-403--For Department of Food and Agriculture. Notwithstanding
any other provision of law, 30 days prior to the Department of Food
and Agriculture's entering into interim financing or long-term
financing, including bond agreements, pursuant to Article 9
(commencing with Section 19590) of Chapter 4 of Division 8 of the
Business and Professions Code, the department shall submit a report
to the Chairperson of the Joint Legislative Budget Committee with
copies to the Chairpersons of Senate Budget and Fiscal Review
Subcommittee No. 2, Assembly Budget Subcommittee No. 3, the
Senate Select Committee on Fairs and Rural Issues, the Subcommittee
on Fairs and Expositions of the Assembly Committee on Agriculture,
and the Department of Finance. The report shall list: (a) proposed
individual satellite wagering expansion projects at fairs, (b) costs
for
constructing, operating, and maintaining individual satellite
wagering
projects, (c) net revenue projections for individual satellite
wagering
projects, and (d) projected effect on net Satellite Wagering Account
revenue resulting from individual satellite wagering projects and
satellite wagering-related projects. Additional notification is not
required for financing proposals unless refinancing will result in
the
expenditure of additional funds, in which case the report shall
include
the above-requested information relating only to the new debt.
Reporting shall be required only for satellite wagering projects that
are funded by interim financing or long-term financing, including
bond
agreements.
8570-404--Notwithstanding Provision 1 of Item 8570-112-0111,
Budget Act of 2002, the $15,000,000 loan authorized, shall be fully
repaid to the Agriculture Fund by October 1, 2005. This loan shall be
repaid with interest calculated at the rate earned by the Pooled
Money
Investment Account at the time of the transfer. The Controller shall,
within 15 working days of receipt of written notification from the
Department of Finance, transfer from the General Fund to the
Agriculture Fund the full amount of the loan or increments thereof as
requested by the Department of Finance. The Department of Finance
shall, within 30 days of receipt of written notification documenting
the
need of the loan repayment from the Department of Food and
Agriculture, provide written notification to the Controller notifying
the
State Controller of the amount to be transferred from the General
Fund
to the Agriculture Fund. The Department of Food and Agriculture may
request through the Department of Finance an incremental repayment
of the loan prior to October 1, 2005. A fee or assessment may not be
increased by the Department of Food and Agriculture as a result of
the
loan.
8570-490--Reappropriation, Department of Food and Agriculture.
The balance of the appropriations provided in the following citations
is reappropriated for the purposes and subject to the limitations,
unless otherwise specified, provided for in the appropriations:
0042--State Highway Account
(1) Item 8570-301-0042, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 8570-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(2) 90.18.001-Relocation: Yermo Agriculture Inspection
Station--Working drawings and construction
0660--Public Buildings Construction Fund
(1) Item 8570-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 8570-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(1) 90.18.001-Relocation: Yermo Agriculture Inspection
Station--Working drawings and construction
(2) Item 8570-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003)
(1) 90.19.010-Hawaii Medfly Rearing
Facility--Working drawings and construction
8620-001-0001--For support of Fair Political Practices Commission .
. . 1,887,000
Schedule:
(1) 10.10-Local enforcement . . . 693,000
(2) 10.20-Legal, technical assistance and state enforcement . . .
1,194,000
8640-001-0001--For support of Political Reform Act of 1974, the
following sums are appropriated to, and in augmentation of, the
following agencies and officers for the administration, investigation
and regulation of political campaigns, officials, and lobbyists . . .
2,420,000
Schedule:
(1) 10-Secretary of State . . . 790,000
For transfer by the State Controller to Item 0890-001-0001 as
follows:
(1) Personal Services . . . (565,000)
(2) Operating expenses and equipment . . . (225,000)
(1.5) 20-Franchise Tax Board . . . 1,422,000
For transfer by the State Controller to Item 1730-001-0001 as
follows:
(3) 30-Political Reform Audit . . . (1,422,000)
(2) 30-Department of Justice . . . 216,000
For transfer by the State Controller to Item 0820-001-0001 as
follows:
(7) 40-Criminal Law . . . (78,000)
(9) 50-Law Enforcement . . . (138,000)
(3) Reimbursements . . . -8,000
For transfer by the State Controller to Item 0890-001-0001
Provisions:
1. The Controller shall transfer funds as specified above, including
any allocations made by the Department of Finance, on January 1,
2005.
8660-001-0042--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the State Highway
Account, State Transportation Fund . . . 2,395,000
8660-001-0046--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Public
Transportation Account, State Transportation Fund . . . 2,300,000
8660-001-0412--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Transportation
Rate Fund . . . 1,662,000
8660-001-0461--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Public Utilities
Commission Transportation Reimbursement Account . . . 7,139,000
8660-001-0462--For support of Public Utilities Commission, payable
from the Public Utilities Commission Utilities Reimbursement
Account . . . 69,084,000
Schedule:
(1) 10-Regulation of Utilities . . . 82,570,000
(2) 15-Universal Service Telephone Programs . . . 863,373,000
(3) 20-Regulation of Transportation . . . 13,496,000
(4) 30.01-Administration . . . 17,207,000
(5) 30.02-Distributed Administration . . . -17,207,000
(6) Reimbursements . . . -12,493,000
(7) Amount payable from the State Highway Account, State
Transportation Fund (Item 8660-001-0042) . . . -2,395,000
(8) Amount payable from the Public Transportation Account, State
Transportation Fund (Item 8660-001-0046) . . . -2,300,000
(9) Amount payable from the Transportation Rate Fund (Item
8660-001-0412) . . . -1,662,000
(10) Amount payable from the Public Utilities Commission
Transportation Reimbursement Account (Item 8660-001-0461) . . .
-7,139,000
(11) Amount payable from California High-Cost Fund-A
Administrative Committee Fund (Item 8660-001-0464) . . .
-59,269,000
(12) Amount payable from California High-Cost Fund-B
Administrative Committee Fund (Item 8660-001-0470) . . .
-482,384,000
(13) Amount payable from Universal Lifeline Telephone Service
Trust Administrative Committee Fund (Item 8660-001-0471) . . .
-251,619,000
(14) Amount payable from Deaf and Disabled Telecommunications
Program Administrative Committee Fund (Item 8660-001-0483) . . .
-69,165,000
(15) Amount payable from Payphone Service Providers Committee
Fund (Item 8660-001-0491) . . . -936,000
(17) Amount payable from the Federal Trust Fund (Item
8660-001-0890) . . . -993,000
Provisions:
1. The Public Utilities Commission shall require any public utility
requesting a merger to reimburse the commission for those necessary
expenses that the commission incurs in its consideration of the
proposed merger.
8660-001-0464--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the California
High-Cost Fund-A Administrative Committee Fund . . . 59,269,000
Provisions:
1. Of the amount appropriated in this item, up to $276,000 shall be
used by the Public Utilities Commission to fund administrative and
staffing costs for the California High-Cost Fund-A Administrative
Committee Program.
8660-001-0470--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the California
High-Cost Fund-B Administrative Committee Fund . . . 482,384,000
Provisions:
1. Of the amount appropriated in this item, up to $2,656,000 shall be
used by the Public Utilities Commission to fund administrative and
staffing costs for the California High-Cost Fund-B Administrative
Committee Program.
8660-001-0471--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Universal Lifeline
Telephone Service Trust Administrative Committee Fund . . .
251,619,000
Provisions:
1. Of the amount appropriated in this item, up to $1,630,000 shall be
used by the Public Utilities Commission to fund administrative and
staffing costs for the Universal Lifeline Telephone Service Trust
Administrative Committee Program.
8660-001-0483--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Deaf and Disabled
Telecommunications Program Administrative Committee Fund . . .
69,165,000
Provisions:
1. Of the amount appropriated in this item, up to $68,000 shall be
used
by the Public Utilities Commission to fund administrative and
staffing
costs for the Deaf and Disabled Telecommunications Administrative
Committee Program.
8660-001-0491--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Payphone Service
Providers Committee Fund . . . 936,000
Provisions:
1. Of the amount appropriated in this item, up to $506,000 shall be
used by the Public Utilities Commission to fund administrative and
staffing costs for the Payphone Service Providers Committee
Program.
8660-001-0890--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Federal Trust Fund
. . . 993,000
8660-003-0412--For support of Public Utilities Commission for
rental payments on lease-revenue bonds, payable from the
Transportation Rate Fund . . . 146,000
Schedule:
(1) Base Rental . . . 150,000
(2) Insurance . . . 2,000
(3) Reimbursements . . . -6,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
8660-003-0461--For support of Public Utilities Commission for
rental payments on lease-revenue bonds, payable from the Public
Utilities Commission Transportation Reimbursement Account . . .
536,000
Schedule:
(1) Base Rental and Fees . . . 552,000
(2) Insurance . . . 7,000
(3) Reimbursements . . . -23,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
8660-003-0462--For support of Public Utilities Commission for
rental payments on lease-revenue bonds, payable from the Public
Utilities Commission Utilities Reimbursement Account . . . 4,187,000
Schedule:
(1) Base Rental and Fees . . . 4,313,000
(2) Insurance . . . 58,000
(3) Reimbursements . . . -184,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
8660-495--Reversion-Public Utilities Commission. Notwithstanding
any other provision of law, the sum of $2,500,000 from the
appropriations provided in the following citations shall revert to
the
General Fund:
0001--General Fund
(1) $2,500,000 from Section 5 of Chapter 7 of the Statutes of 2001,
First Extraordinary Session, as amended by Section 57 of Chapter 111
of the Statutes of 2001, consisting of unliquidated encumbered
balances.
8665-001-9326--For support of California Consumer Power and
Conservation Financing Authority, payable from the California
Consumer Power and Conservation Financing Authority Fund . . .
1,224,000
Schedule:
(1) 15-Energy Acquisition . . . 738,000
(2) 20-Planning and Policy Development . . . 486,000
(3) 30.01-Administration . . . 343,000
(4) 30.02-Distributed Administration . . . -343,000
8690-001-0217--For support of Seismic Safety Commission, payable
from the Insurance Fund . . . 882,000
Schedule:
(1) 10-Seismic Safety Commission . . . 957,000
(2) Reimbursements . . . -75,000
8700-001-0001--For support of California Victim Compensation and
Government Claims Board . . . 0
Schedule:
(1) 11-Citizens Indemnification . . . 62,820,000
(2) 12-Quality Assurance and Revenue Recovery Division . . .
8,081,000
(3) 21-Disaster Relief Claim Program . . . 19,000
(4) 31-Civil Claims Against the State . . . 809,000
(5) 41-Citizens Benefiting the Public . . . 20,000
(6) 51.01-Administration . . . 7,482,000
(7) 51.03-Executive Office . . . 267,000
(8) 51.02-Distributed Administration Executive Office . . .
-7,749,000
(9) Reimbursements . . . -828,000
(10) Amount payable from the Restitution Fund (Item 8700-001-0214)
. . . -42,792,000
(11) Amount payable from the Federal Trust Fund (Item
8700-0010890) . . . -28,109,000
(12) Amount payable from the Restitution Fund (Item 8700-002-0214)
. . . -20,000
Provisions:
1. The California Victim Compensation and Government Claims
Board shall not routinely notify all local agencies and school
districts
regarding its proceedings. However, for each of its meetings, the
board shall notify all parties whose claims or proposals are
scheduled for consideration and any party requesting notice of the
proceedings.
8700-001-0214--For support of California Victim Compensation and
Government Claims Board, for support services pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title
2 of the Government Code, for payment to Item 8700-001-0001,
payable from the Restitution Fund . . . 42,792,000
Provisions:
1. It is the intent of the Legislature that local agencies which
contract
with the California Victim Compensation and Government Claims
Board as part of joint powers agreements or criminal restitution
compacts are reimbursed for their costs. Notwithstanding any other
provision of law, the Department of Finance may authorize
expenditure from the Restitution Fund in excess of the amount
appropriated not sooner than 30 days after notification in writing of
the necessity is provided to the chairperson of the committee in each
house of the Legislature that considers appropriations, the
chairpersons of the committees and the appropriate subcommittees in
each house of the Legislature that consider the State Budget, and the
Chairperson of the Joint Legislative Budget Committee.
8700-001-0890--For support of California Victim Compensation and
Government Claims Board, for payment to Item 8700-001-0001,
payable from the Federal Trust Fund . . . 28,109,000
8700-002-0214--For support of California Victim Compensation and
Government Claims Board, for support services pursuant to
subdivision (e) of Section 13973 of the Government Code, for
payment to Item 8700-001-0001, payable from the Restitution Fund . .
. 20,000
8700-295-0001--For local assistance, California Victim
Compensation and Government Claims Board for reimbursement, in
accordance with the provisions of Section 6 of Article XIII B of the
California Constitution or Section 17561 of the Government Code, of
the costs of any new program or increased level of service of an
existing program mandated by statute or executive order, for
disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.112.377-Adult Felony Restitution (Ch. 1123, Stats. 1977) .
.
. 0
Provisions:
1. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Adult Felony Restitution (Ch. 1123, Stats. 1977).
8770-001-0462--For support of Electricity Oversight Board, payable
from the Public Utilities Commission Utilities Reimbursement
Account . . . 3,163,000
Schedule:
(1) 30-Administration . . . 3,637,000
(2) Amount payable from the Energy Resources Programs Account
(Item 8770-001-0465) . . . -474,000
8770-001-0465--For support of Electricity Oversight Board, for
payment to Item 8770-001-0462, payable from the Energy Resources
Programs Account . . . 474,000
8780-001-0001--For support of Milton Marks "Little Hoover"
Commission on California State Government Organization and
Economy . . . 907,000
Schedule:
(1) 10-Milton Marks Commission on California State Government
Organization and Economy . . . 909,000
(2) Reimbursements . . . -2,000
8820-001-0001--For support of Commission on the Status of Women .
. . 407,000
Schedule:
(1) 10-Administration, Legislation, Research and Information . . .
409,000
(2) Reimbursements . . . -2,000
8830-001-0001--For support of California Law Revision
Commission . . . 662,000
Schedule:
(1) 10-Law Revision Commission . . . 677,000
(2) Reimbursements . . . -15,000
8840-001-0001--For support of the California Commission on
Uniform State Laws . . . 98,000
8855-001-0001--For support of Bureau of State Audits, for transfer to
the State Audit Fund . . . 12,388,000
Schedule:
(1) 10-State Auditor . . . 12,388,000
8860-001-0001--For support of Department of Finance . . .
30,170,000
Schedule:
(1) 10-Annual Financial Plan . . . 18,003,000
(2) 20-Program and Information System Assessments . . . 12,999,000
(3) 30-Supportive Data . . . 11,859,000
(4) 40.01-Administration . . . 5,963,000
(5) 40.02-Distributed Administration . . . -5,488,000
(6) Reimbursements . . . -13,166,000
Provisions:
1. The funds appropriated in this item for CALSTARS shall be
transferred by the Controller, upon order of the Department of
Finance, or made available by the Department of Finance as a
reimbursement, to other items and departments for
CALSTARS-related activities by the Department of Finance.
2. The funds appropriated in this act for purposes of
CALSTARS-related data-processing costs may be transferred
between any items in this act by the Controller upon order of the
Director of Finance. Any funds so transferred shall be used only for
support of CALSTARS-related data-processing costs incurred.
8885-001-0001--For support of Commission on State Mandates,
Program 10 . . . 1,189,000
Provisions:
1. The Commission on State Mandates shall provide, in applicable
parameters and guidelines, as follows:
(a) If a local agency or school district contracts with an
independent
contractor for the preparation and submission of reimbursement
claims, the costs reimbursable by the state for that purpose shall
not
exceed the lesser of (1) 10 percent of the amount of the claims
prepared and submitted by the independent contractor, or (2) the
actual costs that necessarily would have been incurred for that
purpose if performed by employees of the local agency or school
district.
(b) The maximum amount of reimbursement authorized by subdivision
(a) may be exceeded only if the local agency or school district
establishes, by appropriate documentation, that the preparation and
submission of these claims could not have been accomplished without
the incurring of the additional costs claimed by the local agency or
school district.
2. In the case where the commission receives one or more county
applications for a finding of significant financial distress pursuant
to
Section 17000.6 of the Welfare and Institutions Code, notwithstanding
the provisions of Section 17000.6 of the Welfare and Institutions
Code, the time limit imposed on the commission to reach its
preliminary and final decisions shall be tolled until such time as
the
commission has received an appropriation from the Legislature to
carry out its duties as prescribed in Section 17000.6 of the Welfare
and Institutions Code.
8885-011-0360--For transfer by the Controller from the State
Mandates Claims Fund to the General Fund . . . (461,000)
8910-001-0001--For support of Office of Administrative Law . . .
1,786,000
Schedule:
(1) 10-Regulatory Oversight . . . 1,926,000
(2) Reimbursements . . . -140,000
8940-001-0001--For support of Military Department . . . 31,438,000
Schedule:
(1) 10-Army National Guard . . . 56,258,000
(2) 20-Air National Guard . . . 18,360,000
(3) 30.01-Office of the Adjutant General . . . 8,812,000
(4) 30.02-Distributed Office of the Adjutant General . . . -8,812,000
(5) 35-Military Support to Civil Authority . . . 5,216,000
(6) 40-Military Retirement . . . 3,190,000
(7) 50-California Cadet Corps . . . 423,000
(8) 55-California State Military Reserve . . . 247,000
(9) 65-California National Guard Youth Programs . . . 11,506,000
(10) Reimbursements . . . -6,246,000
(11) Amount payable from the Armory Discretionary Improvement
Account (Item 8940-001-0485) . . . -150,000
(12) Amount payable from the Federal Trust Fund (Item
8940-0010890) . . . -57,366,000
Provisions:
1. No expenditures shall be made from the funds appropriated in this
item as a substitution for personnel, equipment, facilities, or other
assistance, or for any portion thereof, that, in the absence of the
expenditure, or of this appropriation, would be available to the
Adjutant General of the State Military Forces, the California State
Military, or the California State Military Reserve from the federal
government.
2. The funds appropriated in Schedule (6) shall be for military
retirements, in accordance with Sections 228 and 256 of the Military
and Veterans Code.
8940-001-0485--For support of Military Department, for payment to
Item 8940-001-0001, payable from the Armory Discretionary
Improvement Account . . . 150,000
Provisions:
1. No expenditures shall be made from this appropriation until
sufficient revenues or income from armories have been deposited into
the State Trea-sury to the credit of the General Fund pursuant to
subdivision (c) of Section 431 of the Military and Veterans Code.
8940-001-0890--For support of Military Department, for payment to
Item 8940-001-0001, payable from the Federal Trust Fund . . .
57,366,000
8940-301-0001--For capital outlay, Military Department . . .
5,415,000
Schedule:
(1) 70.80.010-Bakersfield: Union Armory--Construction and
equipment . . . 5,004,000
(2) 70.85.010-Roseville: Armory Additions and
Renovations--Working drawings . . . 411,000
8940-301-0890--For capital outlay, Military Department, payable
from the Federal Trust Fund . . . 7,449,000
Schedule:
(1) 70.80.010-Bakersfield: Union Armory--Preliminary plans,
working drawings, construction, and equipment . . . 6,411,000
(2) 70.10.100-Advance plans and studies--Studies and preliminary
plans . . . 836,000
(3) 70.85.010-Roseville: Armory Additions and
Renovations--Preliminary plans . . . 202,000
8940-490--Reappropriation, Military Department. The balance of the
appropriations provided in the following citations is reappropriated
for the purposes and subject to the limitations, unless otherwise
specified, provided for in the appropriations:
0001--General Fund
(1) Item 8940-301-0001, Budget Act of 2003 (Ch. 157, Stats. 2003)
(2) 70.83.010-Lancaster: Armory--Working drawings, construction,
and equipment
0890--Federal Trust Fund
(1) Item 8940-301-0890, Budget Act of 2003 (Ch. 157, Stats. 2003)
(2) 70.83.010-Lancaster: Armory--Working drawings, construction,
and equipment
8955-001-0001--For support of Department of Veterans Affairs . . .
5,579,000
Schedule:
(1) 10-Farm and Home Loans to Veterans . . . 1,418,000
(2) 20-Veterans Claims and Rights . . . 1,748,000
(3) 30-Care of Sick and Disabled Veterans . . . 4,345,000
(4) 50.01-General Administration . . . 5,805,000
(5) 50.02-Distributed General Administration . . . -5,805,000
(6) Reimbursements . . . -470,000
(7) Amount payable from the Veterans Service Office Fund (Item
8955-001-0083) . . . -44,000
(8) Amount payable from the Veterans' Farm and Home Building Fund
of 1943 (Item 8955-001-0592) . . . -1,418,000
8955-001-0083--For support of Department of Veterans Affairs, for
payment to Item 8955-001-0001, payable from the Veterans Service
Office Fund . . . 44,000
8955-001-0592--For support of Department of Veterans Affairs, for
payment to Item 8955-001-0001, payable from the Veterans' Farm and
Home Building Fund of 1943 . . . 1,418,000
8955-001-0701--For support of Department of Veterans Affairs,
payable from the Veterans' Home Fund . . . 173,000
8955-101-0001--For local assistance, Department of Veterans
Affairs, for contribution to counties toward compensation and
expenses of county veterans services offices, to be expended in
accordance with Section 972 and following of the Military and
Veterans Code . . . 2,350,000
Schedule:
(1) 20-Veterans Claims and Rights . . . 3,188,000
(2) Reimbursements . . . -838,000
8955-101-0083--For local assistance, Department of Veterans
Affairs, county veterans services offices, payable from the Veterans
Service Office Fund . . . 470,000
8960-011-0001--For support of Veterans' Home of
California--Yountville . . . 36,211,000
Schedule:
(1) 30-Care of Sick and Disabled Veterans . . . 67,538,000
(2) Reimbursements . . . -17,872,000
(3) Amount payable from the Federal Trust Fund (Item
8960-0110890) . . . -13,455,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund, in an amount not to exceed the level of reimbursements
appropriated in Schedule (2) of this item to the Veterans' Home of
California, provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt
of reimbursements for medical services provided.
(b) The loan is short term, and shall be repaid within six months.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section 16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval is made in writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of the
committee in each house that considers appropriations not later than
30 days prior to the effective date of the approval, or not sooner
than
whatever lesser time the chairperson of the joint committee or his or
her designee may determine.
2. At the end of the six-month term of the loan, the department shall
notify the Chairperson of the Joint Legislative Budget Committee
whether the Veterans' Home of California has repaid the loan made
pursuant to subdivision (d) of Provision 1. If the department
notifies
the Legislature that the Veterans' Home of California cannot repay
the
loan within the six-month loan period, it shall identify a payment
schedule for full payment of the loan.
3. Of the funds appropriated in Schedule (1), the amount of $500,000
is available for special projects that provide a direct benefit to
the
members of the Veterans' Home of California at Yountville, including
the maintenance of facilities used by members and the public. The
Allied Council at the Veterans' Home of California may submit
special project requests to the administrator for consideration.
After
consultation with the Allied Council, a budget for expenditure of
these funds shall be approved by the administrator, and the Secretary
of Veterans Affairs.
8960-011-0890--For support of Veterans' Home of
California--Yountville, for payment to Item 8960-011-0001, payable
from the Federal Trust Fund . . . 13,455,000
8965-001-0001--For support of the Veterans' Home of
California--Barstow . . . 6,780,000
Schedule:
(1) 30-Care of Sick and Disabled Veterans . . . 10,024,000
(2) Reimbursements . . . -1,406,000
(3) Amount payable from the Federal Trust Fund (Item
8965-001-0890) . . . -1,838,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund, in an amount not to exceed the level of reimbursements
appropriated in Schedule (2) of this item to the Veterans' Home of
California, provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt
of reimbursements for medical services provided.
(b) The loan is short term, and shall be repaid within six months.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section 16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval is made in writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of the
committee in each house that considers appropriations not later than
30 days prior to the effective date of the approval, or not sooner
than
whatever lesser time the chairperson of the joint committee or his or
her designee may determine.
2. At the end of the six-month term of the loan, the department shall
notify the Chairperson of the Joint Legislative Budget Committee
whether the Veterans' Home of California has repaid the loan made
pursuant to subdivision (d) of Provision 1. If the department
notifies
the Legislature that the Veterans' Home of California cannot repay
the
loan within the six-month loan period, it shall identify a payment
schedule for full payment of the loan.
8965-001-0890--For support of the Veterans' Home of
California--Barstow, for payment to Item 8965-001-0001, payable
from the Federal Trust Fund . . . 1,838,000
8965-003-0001--For support of the Veterans' Home of
California--Barstow for rental payments on lease- revenue bonds . . .
1,244,000
Schedule:
(1) Base Rental and Fees . . . 1,111,000
(2) Insurance . . . 191,000
(3) Reimbursements . . . -58,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
8966-001-0001--For support of the Veterans' Home of
California--Chula Vista . . . 11,112,000
Schedule:
(1) 30-Care of Sick and Disabled Veterans . . . 21,042,000
(2) Reimbursements . . . -4,831,000
(3) Amount payable from the Federal Trust Fund (Item
8966-001-0890) . . . -5,099,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund, in an amount not to exceed the level of reimbursements
appropriated in Schedule (2) of this item to the Veterans' Home of
California, provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt
of reimbursements for medical services provided.
(b) The loan is short term, and shall be repaid within six months.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section 16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval is made in writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of the
committee in each house
that considers appropriations not later than
30 days prior to the effective date of the approval, or not sooner
than
whatever lesser time the chairperson of the joint committee or his or
her designee may determine.
2. At the end of the six-month term of the loan, the department shall
notify the Chairperson of the Joint Legislative Budget Committee
whether the Veterans' Home of California has repaid the loan made
pursuant to subdivision (d) of Provision 1. If the department
notifies
the Legislature that the Veterans' Home of California cannot repay
the
loan within the six-month loan period, it shall identify a payment
schedule for full payment of the loan.
8966-001-0890--For support of the Veterans' Home of
California--Chula Vista, for payment to Item 8966-001-0001, payable
from the Federal Trust Fund . . . 5,099,000
8966-003-0001--For support of the Veterans' Home of
California--Chula Vista for rental payments on lease-revenue bonds .
.
. 1,440,000
Schedule:
(1) Base Rental and Fees . . . 1,379,000
(2) Insurance . . . 61,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according to a schedule to be provided by the State Public Works
Board. The schedule shall be provided on a monthly basis or as
otherwise might be needed to ensure debt requirements are met.
9100-101-0001--For local assistance, Tax Relief . . . 668,241,000
Schedule:
(1) 10-Senior Citizens' Property Tax Assistance . . . 37,036,000
(2) 20-Senior Citizens' Property Tax Deferral Program . . .
11,900,000
(3) 30-Senior Citizen Renters' Tax Assistance . . . 146,355,000
(4) 50-Homeowners' Property Tax Relief . . . 433,200,000
(5) 60-Subventions for Open Space . . . 39,750,000
Provisions:
1. Schedule (1) is for property tax assistance to homeowner
claimants
in accordance with the Senior Citizens Property Tax Assistance and
Postponement Law, as set forth in Part 10.5 (commencing with
Section 20501) of Division 2 of the Revenue and Taxation Code.
Any unexpended balance in Schedule (1) may be used to make
payments to senior citizen renter claimants under Schedule (3).
2. Schedule (2) is for property tax postponement and assistance to
claimants in accordance with the Senior Citizens Property Tax
Assistance and Postponement Law, as set forth in Part 10.5
(commencing with Section 20501) of Division 2 of the Revenue and
Taxation Code. The appropriation made by this schedule shall be in
lieu of the appropriation for the same purpose contained in Section
16100 of the Government Code.
3. Schedule (3) is for property tax assistance to renter claimants in
accordance with the Senior Citizens Property Tax Assistance and
Postponement Law, as set forth in Part 10.5 (commencing with
Section 20501) of Division 2 of the Revenue and Taxation Code.
Any unexpended balance in Schedule (3) may be used to make
payments to senior citizen homeowner claimants under Schedule (1).
4. Schedule (4) is for reimbursement to local taxing authorities for
revenue lost by reason of the homeowners' property tax exemption
granted pursuant to subdivision (k) of Section 3 of Article XIII of
the
California Constitution. The appropriation made by this schedule
shall
be in lieu of the appropriation required pursuant to Section 25 of
Article XIII of the California Constitution and the appropriation for
the same purposes contained in Section 16100 or 16120 of the
Government Code.
5. Schedule (5) is for providing reimbursement to local taxing
authorities for revenue lost by reason of the assessment of
open-space
lands under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and
Taxation Code, and in accordance with Chapter 3 (commencing with
Section 16140) of Part 1 of Division 4 of Title 2 of the Government
Code. The appropriation made by this schedule shall be in lieu of the
appropriation for the same purpose contained in Section 16100 or
16140 of the Government Code.
6. Notwithstanding any other provision of law, the Director of
Finance may authorize expenditures for Schedules (1), (2), (3), (4),
and (5) in excess of or less than the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her designee, may in each instance determine.
9100-295-0001--For local assistance, Tax Relief, for reimbursement,
in accordance with the provisions of Section 6 of Article XIII B of
the
California Constitution or Section 17561 of the Government Code, of
the costs of any new program or increased level of service of an
existing program mandated by statute or executive order, for
disbursement by the State Controller . . . 3,000
Schedule:
(1) 98.01.124.277-Senior Citizens' Property Tax Deferral Program
(Ch. 1242, Stats. 1977) . . . 1,000
(2) 98.01.092.187-Countywide Tax Rates (Ch. 921, Stats. 1987) . . .
1,000
(3) 98.01.069.792-Allocation of Property Tax Revenue (Ch. 697,
Stats. 1992) . . . 1,000
(4) 98.01.105.183-Senior Citizens' Mobilehome Property Tax
Deferral (Ch. 1051, Stats. 1983) . . . 0
(5) 98.01.004.887-Property Tax-Family Transfers (Ch. 48, Stats.
1987) . . . 0
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the
chairperson of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, the mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(4) 98.01.105.183-Senior Citizens' Mobilehome Property Tax
Deferral (Ch. 1051, Stats. 1983)
(5) 98.01.004.887-Property Tax-Family Transfers (Ch. 48, Stats.
1987)
9210-101-0001--For local assistance, Local Government Financing . .
. 200,000,000
Provisions:
1. For allocation by the Controller to local jurisdictions for public
safety and juvenile justice purposes, as determined by the Director
of
Finance pursuant to Chapter 6.7 (commencing with Section 30061) of
Division 3 of Title 3 of the Government Code.
2. Notwithstanding any other provision of law, the funds appropriated
in this item shall be available for expenditure until June 30, 2006.
These funds shall be used to supplement and not supplant existing
services.
9210-102-0001--For local assistance, Local Government Financing . .
. 400,000
Provisions:
1. The amount appropriated in this item is for allocation by the
State
Controller to the Santa Barbara County Formation Commission
pursuant to Article 3 (commencing with Section 23331) of Chapter 3
of Division 1 of Title 3 of the Government Code.
2. The amount appropriated in this item is a loan and shall be repaid
with interest within one year from the date upon which the issue of
county formation is voted on by the people.
9210-105-0001--For local assistance, Local Government Financing,
Property Tax Administration Grant Program . . . 60,000,000
Provisions:
1. For allocation by the Controller to counties, as determined by the
Department of Finance, pursuant to Chapter 6 (commencing with
Section 95.35) of Division 1 of the Revenue and Taxation Code.
9210-295-0001--For local assistance, Local Government Financing,
for reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of service of an existing program mandated by statute or executive
order, for disbursement by the State Controller . . . 5,000
Schedule:
(1) 98.01.048.675-Mandate Reimbursement Process (Ch. 486, Stats.
1975) . . . 1,000
(2) 98.01.064.186-Open Meetings Act (Ch. 641, Stats. 1986) . . .
1,000
(3) 98.01.099.991-Rape Victim Counseling Ctr. Notices (Ch. 999,
Stats. 1991) . . . 1,000
(4) 98.01.087.585-Photographic Re cord Evidence (Ch. 875, Stats.
1985) . . . 1,000
(5) 98.01.112.096-Health Benefits for Survivors/Peace Officers and
Firefighters (Ch. 1120, Stats. 1996) . . . 1,000
(6) 98.01.084.578-Filipino Employee Surveys (Ch. 845, Stats. 1978)
. . . 0
(7) 98.01.088.981-Lis Pendens (Ch. 889, Stats. 1981) . . . 0
(9) 98.01.128.180-Involuntary Lien Notices (Ch. 1281, Stats. 1980) .
.
. 0
(10) 98.01.160.984-Domestic Violence Information (Ch. 1609, Stats.
1984) . . . 0
(11) 98.01.133.487-CPR Pocket Masks (Ch. 1334, Stats. 1987) . . . 0
Provisions:
1. Except as provided in Provision 2 of this item, allocations of
funds
provided in this item to the appropriate local entities shall be made
by
the State Controller in accordance with the provisions of each
statute
or executive order that mandates the reimbursement of the costs, and
shall be audited to verify the actual amount of the mandated costs in
accordance with subdivision (d) of Section 17561 of the Government
Code. Audit adjustments to prior year claims may be paid from this
item. Funds appropriated in this item may be used to provide
reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide full
reimbursement of costs, the State Controller may, upon notifying the
Director of Finance in writing, augment those deficient amounts from
the unencumbered balance of any other scheduled amounts therein. No
order may be issued pursuant to this provision unless written
notification of the necessity therefor is provided to the chairperson
of
the committee in each house which considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
3. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation of $0 and included in the language of this provision
are
specifically identified by the Legislature for suspension during the
2004-05 fiscal year:
(1) Filipino Employee Surveys (Ch. 845, Stats. 1978)
(2) Lis Pendens (Ch. 889, Stats. 1981)
(4) Involuntary Lien Notices (Ch. 1281, Stats. 1980)
(5) Domestic Violence Information (Ch. 1609, Stats. 1984)
(6) CPR Pocket Masks (Ch. 1334, Stats. 1987)
9612-001-0001--For allocation by the Department of Finance to the
trustee of the Golden State Tobacco Securitization Corporation, for
payment of debt service on the Enhanced Tobacco Settlement
Asset-Backed Bonds and operating expenses of the Golden State
Tobacco Securitization Corporation in accordance with Section
63049.1 of the Government Code . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon certification by
the Golden State Tobacco Corporation, the Department of Finance
may authorize expenditures of up to $200,000,000 in excess of the
amount appropriated in this item for the payment of debt service on
the Enhanced Tobacco Settlement Asset-Backed Bonds and the
payment of operating expenses of the Golden State Tobacco
Securitization Corporation in the event tobacco settlement revenues
and certain other available amounts are insufficient to pay the costs
of
debt service and operating costs for the 12 months following such
certification. The Department of Finance shall provide notification
in
writing to the chairperson of the fiscal committee of each house of
the
Legislature and the Chairperson of the Joint Legislative Budget
Committee not more than 30 days after such authorization.
9620-001-0001--For payment of interest on General Fund loans, upon
order of the Director of Finance, for any General Fund loan . . .
30,000,000
Provisions:
1. The Director of Finance, the Controller, and the State Treasurer
shall satisfy any need of the General Fund for borrowed funds in a
manner consistent with the Legislature's objective of conducting
General Fund borrowing in a manner that best meets the state's
interest. The state fiscal officers may, among other factors, take
into
consideration the costs of external versus internal borrowings and
potential impact on other borrowings of the state.
2. In the event that interest expenses related to internal borrowing
exceed the amount appropriated by this item, there is hereby
appropriated any amount necessary to pay the interest. Funds
appropriated by this item shall not be expended prior to 30 days
after
the Department of Finance notifies the Joint Legislative Budget
Committee of the amounts necessary or not sooner than such lesser
time as the Chairperson of the Joint Legislative Budget Committee
may determine.
3. In the event that Revenue Anticipation Warrants are issued, there
is
hereby appropriated any amount necessary, in excess of the amount
appropriated by this item, to pay the expenses incurred by the
Controller, Treasurer, Attorney General, and the Department of
Finance in providing for the preparation, sale, issuance,
advertising,
legal services, credit enhancement, liquidity facility, or any other
act
which, as approved by the Department of Finance, is necessary for
such issuance. Funds appropriated by this item shall not be expended
prior to 30 days after the Department of Finance notifies the Joint
Legislative Budget Committee of the amounts necessary or not sooner
than such lesser time as the Chairperson of the Joint Legislative
Budget Committee may determine.
9620-002-0001--For payment of interest on General Fund loans, upon
order of the Director of Finance, for any General Fund loan repaid in
the 2004-05 fiscal year from loans made previously . . . 2,361,000
Provisions:
1. In the event that interest expenses related to internal borrowing
exceed the amount appropriated by this item, there is hereby
appropriated any amount necessary to pay the interest.
2. The Director of Finance shall notify, in writing, the Chairperson
of
the Joint Legislative Budget Committee within 30 days of ordering
the repayment of any loan included within the provisions of this
item.
9625-001-0001--For interest payments to the federal government
arising from the federal Cash Management Improvement Act of 1990 .
. . 6,500,000
Provisions:
1. Expenditures from the funds appropriated by this item shall be
made by the Controller, subject to the approval of the Department of
Finance, and shall be charged to the fiscal year in which the
disbursement is issued.
2. In the event that expenditures for interest payments to the
federal
government arising from the federal Cash Management Improvement
Act of 1990 exceed the amount appropriated by this item, the Director
of Finance may allocate an additional amount not to exceed
$10,000,000 over the amount appropriated by this item. This
allocation shall be made no sooner than 30 days after notification to
the Chairperson of the Joint Legislative Budget Committee and the
chairperson of the fiscal committees in each house.
9625-001-0042--For interest payments to the federal government
arising from the federal Cash Management Improvement Act of 1990,
payable from the State Highway Account, State Transportation Fund .
. . 500,000
Provisions:
1. Provision 1 of Item 9625-001-0001 also applies to this item.
2. In the event that expenditures for interest payments to the
federal
government arising from the Cash Management Improvement Act of
1990 exceed the amount appropriated by this item, the Director of
Finance may allocate an additional amount not to exceed $1,000,000
over the amount appropriated by this item. This allocation shall be
made no sooner than 30 days after notification to the Chairperson of
the Joint Legislative Budget Committee and the chairperson of the
fiscal committees in each house.
9625-001-0494--For interest payments to the federal government
arising from the federal Cash Management Improvement Act of 1990,
payable from the appropriate special fund . . . 1,000
Provisions:
1. Provision 1 of Item 9625-001-0001 and Provision 2 of Item
9625-001-0042 also apply to this item.
9625-001-0988--For interest payments to the federal government
arising from the federal Cash Management Improvement Act of 1990,
payable from the appropriate nongovernmental cost fund . . . 1,000
Provisions:
1. Provision 1 of Item 9625-001-0001 and Provision 2 of Item
9625-001-0042 also apply to this item.
9650-001-0001--For support of Health and Dental Benefits for
Annuitants. For the state's contribution for the cost of a health
benefits
plan and dental care premiums, for annuitants and other employees, in
accordance with Sections 22821.2, 22825.7, 22828, 22829, and
22952 of the Government Code, which cost is not chargeable to any
other appropriation . . . 795,554,000
Schedule:
(1) Health benefit premiums . . . 737,763,000
(2) Dental care premiums . . . 57,791,000
Provisions:
1. The maximum transfer amounts specified in subdivision (c) of
Section 26.00 of this act do not apply to this item.
2. Notwithstanding Section 22819 of the Government Code or any
other provision of law, annuitants and their family members who were
employed by the California State University, and who become eligible
for Part A and Part B of Medicare during the 2004-05 fiscal year,
shall not be enrolled in a basic health benefits plan during the
2004-05 fiscal year. If the annuitant or family member is enrolled in
Part A and Part B of Medicare, he or she may enroll in a supplement
to the Medicare plan. This provision does not apply to employees and
family members who are specifi-cally excluded from enrollment in a
supplement to the Medicare plan by federal law or regulation.
3. The maximum monthly contribution for an annuitant's health
benefits
plan shall be $331 for a single enrollee, $621 for an enrollee and
one
dependent, and $780 for an enrollee and two or more dependents.
9670-001-0001--For equity claims before the California Victim
Compensation and Government Claims Board and for settlements and
judgments in cases in which the state is represented by the
Department of Justice for the administration and payment of tort
liability claims, settlements, compromises and judgments against the
state, its officers, servants and employees of state agencies,
departments, boards, bureaus or commissions supported from the
General Fund, for expenditure by the Department of Justice, subject
to
approval of the Department of Finance in its discretion . . . 0
Provisions:
1. There is hereby appropriated from each fund, other than the
General
Fund, an amount sufficient for payment of tort liability claims,
settlements, compromises, and judgments against the state, its
officers,
servants and employees of state agencies, departments, boards,
bureaus, or commissions arising from activities supported from that
fund. No expenditure from any appropriation from a fund other than
the General Fund for payment of tort liability claims, settlements,
compromises, and judgments shall be made unless approved by the
Department of Finance in its discretion.
2. Expenditures made under this item shall be charged to the fiscal
year in which the warrant is issued by the State Controller.
3. Payment under this item is limited in amount to claims,
settlements,
compromises, and judgments which do not exceed $70,000, exclusive
of interest, and no payment from this item exceeding that amount
shall
be approved by the Department of Finance or made by the Department
of Justice.
4. No payment shall be approved by the Department of Finance or
made by the Department of Justice from this item except in full and
final satisfaction of the claim, settlement, compromise, or judgment
upon which the payment is based.
5. Funding for the payment of tort liability claims, settlements,
compromises, and judgments which require the approval of the
Director of Finance shall first be considered from within the
affected
agency, department, board, bureau, or commission's existing budgeted
resources. Payment pursuant to this item (from funds other than the
General Fund) shall be made only after the affected agency,
department, board, bureau, or commission has demonstrated to the
Department of Finance that insufficient funds are available for
payment of all or a portion of the claim.
9670-401--For maintenance of accounting records by the State
Controller's office or any other agency maintaining these records,
appropriations made in this act for Organization Code 9670 (Equity
Claims of California Victim Compensation and Government Claims
Board and Settlements and Judgments by Department of Justice) are to
be recorded under Organization Code 9671 (Equity Claims of
California Victim Compensation and Government Claims Board) and
Organization Code 9672 (Settlements and Judgments by Department of
Justice).
9800-001-0001--For Augmentation for Employee Compensation . . .
404,509,000
Provisions:
1. The amount appropriated in this item shall not be construed to
control or influence collective bar-gaining between the state
employer
and employee representatives.
2. The funds appropriated in this item are for employee compensation
increases and increases in benefits related thereto, whose
compensation or portion thereof, is chargeable to the General Fund,
to
be allocated by executive order by the Department of Finance to the
several state offices, departments, boards, bureaus, commissions, and
other state agencies, in augmentation of their respective
appropriations or allocations, in accordance with approved
memoranda of understanding or, for employees excluded from
collective bargaining in accordance with salary and benefit schedules
established by the Department of Personnel Administration.
9800-001-0494--For Augmentation for Employee Compensation,
payable from other unallocated special funds . . . 280,747,000
Provisions:
1. The amount appropriated in this item shall not be construed to
control or influence collective bargaining between the state employer
and employee representatives.
2. The funds appropriated in this item are for employee compensation
increases and increases in benefits related thereto, whose
compensation or portion thereof, is chargeable to special funds, to
be
allocated by executive order by the Department of Finance to the
several state offices, departments, boards, bureaus, commissions, and
other state agencies, in augmentation of their respective
appropriations or allocations, in accordance with approved
memoranda of understanding or, for employees excluded from
collective bargaining in accordance with salary and benefit
schedules
established by the Department of Personnel Administration.
9800-001-0988--For Augmentation for Employee Compensation,
payable from other unallocated nongovernmental cost funds . . .
131,105,000
Provisions:
1. The amount appropriated in this item shall not be construed to
control or influence collective bargaining between the state employer
and employee representatives.
2. The funds appropriated in this item are for employee compensation
increases and increases in benefits related thereto, whose
compensation or portion thereof, is chargeable to nongovernmental
cost funds, to be allocated by executive order by the Department of
Finance to the several state offices, departments, boards, bureaus,
commissions, and other state agencies, in augmentation of their
respective appropriations or allocations, in accordance with
approved memoranda of understanding or, for employees excluded
from collective bargaining in accordance with salary and benefit
schedules established by the Department of Personnel Administration.
9840-001-0001--For Augmentation for Contingencies or Emergencies
. . . 50,000,000
Provisions:
1. Subject to the conditions set forth in this item, amounts
appropriated by this item shall be transferred, upon approval by the
Director of Finance, to augment any other General Fund item of
appropriation that is made under this act to an agency, department,
board, commission, or other state entity. Such a transfer may be made
to fund unanticipated expenses to be incurred for the 2004-05 fiscal
year under an existing program that is funded by that item of
appropriation, but only in a case of actual necessity as determined
by
the Director of Finance. For purposes of this item, an "existing
program" is one that is authorized by law.
2. The Director of Finance may not approve a transfer under this item
to fund any of the following: (a) capital outlay, (b) any expense
attributable to a prior fiscal year, (c) any expense related to
legislation enacted without an appropriation, (d) startup costs of
programs not yet authorized by the Legislature, (e) costs that the
administration had knowledge of in time to include in the May
Revision, or (f) costs that the administration has the discretion to
incur
or not incur.
3. A transfer of funds approved by the Director of Finance under this
item shall become effective no sooner than 30 days after the director
files written notification thereof with the Chairperson of the Joint
Legislative Budget Committee, and the chairpersons of the Senate and
Assembly fiscal committees, or no sooner than any lesser time the
chairperson of the joint committee or his or her designee may in each
instance determine, except for an approval for an emergency expense
as defined in Provision 5.
4. Each notification shall include all of the following: (a) the date
the
recipient state entity reported to the
Department of Finance the need to
increase its appropriation, (b) the reason for the expense, (c) the
transfer amount approved by the Director of Finance, and (d) the
basis
of the director's determination that the expense is actually needed.
Each notification shall also include a determination by the director
as
to whether the expense was considered in a legislative budget
committee and formal action was taken not to approve the expense for
the 2004-05 fiscal year. Any increase in a department's appropriation
to fund unanticipated expenses shall be approved by the Director of
Finance.
5. The Director of Finance may approve a transfer under this item for
an emergency expense only if the approval is set forth in a written
notification that is filed with the Chairperson of the Joint
Legislative
Budget Committee, and the chairpersons of the Senate and Assembly
fiscal committees, no later than 10 days after the effective date of
the
approval. Each notification for an emergency expense shall state the
reason for the expense, the transfer amount approved by the director,
and the basis of the director's determination that the expense is an
emergency expense. For the purposes of this item, "emergency
expense" means an expense incurred in response to conditions of
disaster or extreme peril that threaten the immediate health or
safety of
persons or property in this state.
6. Within 15 days of receipt, the Department of Finance shall
provide,
to the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the Senate and Assembly fiscal committees, copies of
all requests, including any supporting documentation, from any
agency, department, board, commission, or other state entity for a
transfer under this item. The submission to the Legislature of a copy
of
such a request does not constitute approval of the request by the
Director of Finance. Within 15 days of receipt, the director shall
also
provide copies to these chairpersons of all other requests received
by
the Department of Finance from any state agency, department, board,
commission, or other state entity for any increase in appropriations
that are sought to fund unanticipated expenses to be incurred for the
2004-05 fiscal year.
7. For any transfer of funds pursuant to this item, the augmentation
of a
General Fund item of appropriation shall not exceed the following
during any fiscal year:
(a) 20 percent of the amount scheduled on that line for those
appropriations made by this act that are $2,000,000 or less.
(b) $400,000 of the amount scheduled on that line for those
appropriations made by this act that are more than $2,000,000 but
equal to or less than $4,000,000.
(c) 10 percent of the amount scheduled on that line for those
appropriations made by this act that are more than $4,000,000.
8. The Director of Finance may withhold authori- zation for the
expenditure of funds transferred pursuant to this item until such
time
as, and to the extent that, preliminary estimates of potential
unanticipated expenses are verified.
9840-001-0494--For Augmentation for Contingencies or
Emergencies, payable from unallocated special funds . . . 15,000,000
Provisions:
1. Provisions 1, 2, 3, 4, 5, 6, 7, and 8 of Item 9840-001-0001 also
apply to this item, except references to General Fund appropriations
shall instead refer to special fund appropriations.
2. For the Augmentation for Contingencies or Emergencies, payable
from special funds, there are appropriated from each special fund
sums necessary to meet contingencies or emergencies, to be expended
only on written authorization of the Director of Finance.
9840-001-0988--For Augmentation for Contingencies or
Emergencies, payable from unallocated nongovernmental cost funds . .
. 15,000,000
Provisions:
1. Provisions 1, 2, 3, 4, 5, 6, 7, and 8 of Item 9840-001-0001 also
apply to this item, except references to General Fund appropriations
shall instead refer to nongovernmental cost fund appropriations.
2. For Augmentation for Contingencies or Emergencies, payable from
nongovernmental cost funds, there is appropriated from each
nongovernmental cost fund that is subject to control or limited by
this
act, sums necessary to meet contingencies or emergencies, to be
expended only on written authorization of the Director of Finance.
9850-011-0001--For Augmentation for Contingencies or Emergencies
(Loans) . . . (2,500,000)
Provisions:
1. This appropriation is for loans that may be made to state agencies
which derive their support from the General Fund or from sources
other than the General Fund, upon terms and conditions for repayment
as may be prescribed by the Department of Finance. Any sum so
loaned shall, if ordered by the Department of Finance, be transferred
by the State Controller to the fund from which the support of the
agency is derived.
2. No loan shall be made which requires repayment from a future
legislative appropriation.
3. Authorizations for loans shall become effective no sooner than 30
days after notification in writing to the Joint Legislative Budget
Committee, or no sooner than a lesser time which the committee, or
its
designee, may in each instance determine, except that this limit
shall
not apply if the Director of Finance states in writing to the
Chairperson of the Joint Legislative Budget Committee the necessity
and urgency for the loan which, in the judgment of the director,
makes
prior approval impractical.
4. Within 10 days after approval, the Director of Finance shall file
with the Joint Legislative Budget Committee copies of all executive
orders for loans stating the reasons for, and the amount of, all of
these
authorizations.
9860-301-0001--For capital outlay planning and studies funding
(10.10.010) . . . 1,000,000
Provisions:
1. The funds appropriated in this item are to be allocated by the
Department of Finance to state agencies to develop design and cost
information for new projects for which funds have not been
appropriated previously, but which are anticipated to be included in
the 2005-06 or 2006-07 Governor's Budget or 2006-07 five-year
capital outlay plans. The amount appropriated in this item shall not
be
construed as a commitment by the Legislature as to the amount of
capital outlay funds it will appropriate in any future fiscal year.
GENERAL SECTIONS
STATEWIDE
SEC. 3.00. Whenever herein an appropriation is made for
support, it shall include salaries and all other proper expenses,
including repairs and equipment, incurred in connection with the
institution, department, board, bureau, commission, officer,
employee,
or other agency for which the appropriation is made.
Each item appropriating funds for salaries and wages includes the
additional funds necessary to continue the payment of the amount of
salaries in effect on June 30, 2004, for the state officers whose
salaries are specified by statute.
Whenever herein an appropriation is made for capital outlay, it
shall include acquisition of land or other real property, major
construction, improvements, equipment, designs, working plans,
specifications, repairs, and equipment necessary in connection with a
construction or improvement project.
Whenever herein any item of appropriation contains provisions
for acquisition of land or other real property, it shall include all
necessary expenses in connection with the acquisition of the
property.
Whenever herein an appropriation is made in accordance with a
schedule set forth after the appropriation, the expenditures from
that
item for each category, program, or project included in the schedule
shall be limited to the amount specified for that category, program,
or
project, except as otherwise provided in this act. Each schedule is a
restriction or limitation upon the expenditure of the respective
appropriation made by this act, does not itself appropriate any
money,
and is not itself an item of appropriation.
As used in this act in reference to the schedules "category,"
"program," or "project" means a class of expenditure such as, but not
limited to:
(a) "Personal services," which shall include all expenditures for
payment of officers and employees of the state, including: salaries
and
wages, workers' compensation, compensation paid to employees on
approved leave of absence on account of sickness, unemployment
compensation benefits, insurance premiums for workers'
compensation coverage, industrial disability leave and payments,
nonindustrial disability benefits and payments, the state's
contributions
to the Public Employees' Retirement Fund, the Teachers' Retirement
Fund, the University of California Retirement Fund to provide for
that
portion of retirement costs to be provided for Hastings College of
the
Law in Item 6600-001-0001 of this Budget Act, the Old Age and
Survivors' Insurance Revolving Fund, the Public Employees'
Contingency Reserve Fund, and the state's cost of health benefits
plans; but shall not include compensation of independent contractors
rendering personal services to the state under contract.
(b) "Operating expenses and equipment," which shall include all
expenditures for purchase of materials, supplies, equipment, services
(other than services of state officers and employees), departmental
services (services provided by other organizational units within a
department, including indirect distributed costs), and all other
proper
expenses.
(c) "Preliminary plans" are defined as a site plan, architectural
floor plans, elevations, outline specifications, and a cost estimate.
For
each utility, site development, conversion and remodeling project,
the
drawings shall be sufficiently descriptive to accurately convey the
location, scope, cost, and the nature of the improvement being
proposed.
(d) "Working drawings" are defined as a complete set of plans
and specifications showing and describing all phases of a project,
architectural, structural, mechanical, electrical, civil engineering,
and
landscaping systems to the degree necessary for the purposes of
accurate bidding by contractors and for the use of artisans in
constructing the project. All necessary professional fees and
administrative service costs are included in the preparation of these
drawings.
(e) "Construction," when used in connection with a capital outlay
project, shall include all such related things as fixtures, installed
equipment, auxiliary facilities, contingencies, project construction,
management, administration and associated costs.
(f) "Minor projects" include planning, working drawings,
construction, improvements, and equipment projects not specifically
set forth in the schedule.
(g) "Programs" include all expenditures, regardless of category,
required to carry out the objectives of the named activity.
For the purpose of further interpreting the meaning of the words,
terms and phrases, and uniform codes used in the schedules, reference
is hereby made to those documents entitled, "State of California
Governor's Budget for 2004-05," submitted by the Governor to the
Legislature at the 2004 portion of the 2003-04 Regular Session, the
uniform accounting system prescribed by the Department of Finance
under the provisions of Section 13300 of the Government Code and
following, the Uniform Codes Manual, and the appropriate portions
thereof. The Department of Finance shall establish interpretations
necessary to carry out the provisions of this section and shall
furnish
the same to the Controller and to every state agency to which
appropriations are made under this act.
SEC. 3.50. Whenever an appropriation is made in this act for
support or other expenses for an institution, department, board,
bureau, commission, officer, employee, or other agency, the following
shall be charged to the appropriation from which salaries and wages
are paid: workers' compensation, compensation paid to employees on
approved leave of absence on account of sickness, unemployment
compensation benefits, industrial disability leave and payments,
nonindustrial disability benefits and payments, the administrative
costs of the Merit Award Program provided by Section 19823 of the
Government Code, the state's contribution to the Public Employees'
Retirement Fund as provided by Sections 20822 and 20824 of the
Government Code, the state's contribution to the Teachers' Retirement
Fund as provided by Sections 22950, 22951, and 23000 of the
Education Code, the state's contribution to the Old Age and Survivors'
Insurance Revolving Fund as provided by Sections 20862 and 20863
of the Government Code, the state's contribution to the Old Age and
Survivors' Insurance Revolving Fund for payment of hospital
insurance taxes imposed by the Internal Revenue Code, the state's
contribution to the Public Employees' Contingency Reserve Fund, the
state's contribution for the cost of health benefits plans as
provided by
Sections 22825.1, 22828 and 22829 of the Government Code, and the
state's contribution for costs of other employee benefits and the
administrative costs associated with the provision of benefits
established by any state agency legally authorized to negotiate and
set
salary and benefit levels.
As of the effective date of this act, the state's contributions as
provided by Sections 22825.1, 22828 and 22829 of the Government
Code and for costs of any other employee benefits and the
administrative costs associated with the provisions of these benefits
established by any state agency legally authorized to negotiate and
set
salary and benefit levels for any month shall be charged to the same
appropriations used for payment of salaries and wages from which
the employee premium contributions for such month are deducted.
The appropriations made by Sections 20822, 20824, 22825.1,
22828, and 22829 of the Government Code and by Sections 22950,
22951, and 23000 of the Education Code, shall continue to be
available for expenditure, and shall be charged for any expenditure
that is not chargeable to an appropriation for support or other
expenses as provided in this section. This transfer may be chargeable
to such appropriation for a previous fiscal year if there are no
funds
available from that fiscal year.
The Controller may transfer to the State Payroll Revolving Fund
the contributions required by Sections 20822, 20824, 22825.1, 22828,
and 22829 of the Government Code, contributions required for
payment of the hospital insurance tax, and upon certification by the
Board of Administration of the Public Employees' Retirement System
as required by Section 20826 of the Government Code, may transfer
from the State Payroll Revolving Fund to the Public Employees'
Retirement Fund and the Old Age and Survivors' Insurance Revolving
Fund the amounts of contributions.
SEC. 3.60. (a) Notwithstanding any other provision of law, the
employers' retirement contributions for the 2004-05 fiscal year that
are chargeable to an appropriation made in this act, with respect to
each state officer and employee who is a member of the California
Public Employees' Retirement System (CalPERS) and who is in that
employment or office, including university members as provided by
Section 20751 of the Government Code, shall be the percentage of
salaries and wages by state member category as follows:
Miscellaneous, First Tier
17.022%
Miscellaneous, Second Tier
13.216%
State Industrial
16.386%
State Safety
20.773%
Highway Patrol
34.434%
Peace Officer/Firefighter
23.841%
The Director of Finance may adjust amounts in any appropriation
item, or in any category thereof, in this act as a result of changes
from
amounts budgeted for employer contribution for 2004-05 fiscal year
retirement benefits to achieve the percentages specified in this
subdivision.
(b) Notwithstanding any other provision of law, the Director of
Finance shall require retirement contributions computed pursuant to
subdivision (a) to be offset by the Controller with surplus funds in
the
Public Employees' Retirement Fund, employer surplus asset accounts.
(c) Notwithstanding any other provision of law, for purposes of
calculating the "appropriations subject to limitation" as defined in
Section 8 of Article XIII B of the California Constitution, the
appropriations in this act shall be deemed to be the amounts
remaining
after the adjustments required by subdivisions (a) and (b) are made.
SEC.4.10. (a) The Director of Finance, in consultation with
agency secretaries and other cabinet members, shall reduce General
Fund items of appropriations in this act by a total of $150,000,000.
Each agency secretary shall recommend to the Director of Finance
amounts to be reduced from the appropriations to departments within
the agency. The Director of Finance may provide the agency
secretaries with target reduction amounts, in which case the agency
secretaries shall provide the Director of Finance with a list of
recommended reductions that is no less than the target amount for
that
agency. For departments not reporting to an agency secretary, the
Director of Finance shall determine the amount of the reductions.
(b)The Director of Finance shall not reduce, pursuant to
subdivision (a), the amounts appropriated for the following: higher
education; the judicial branch; the Legislature; Constitutional
Officers;
debt service, including, but not limited to, tobacco settlement
revenue
shortfall, payment of interest on General Fund loans, and interest
payments to the federal government; health and dental benefits for
annuitants; equity claims before the California Victim Compensation
and Government Claims Board; or augmentations for contingencies or
emergencies.
(c)A state operations appropriation, and a program, project, or
function designated in any line of any schedule set forth by that
appropriation, may not be reduced pursuant to subdivision (a) by
more than 20 percent. A local assistance appropriation, and a
program, project, or function designated in any line of any schedule
set forth by that appropriation, may not be reduced pursuant to
subdivision (a) by more than 5 percent.
(d)In determining the reductions pursuant to this section, the
Director of Finance and agency secretaries may consider savings
attributable to any general reorganization plan presented to the
Milton
Marks "Little Hoover" Commission on State Government
Organization and Economy and the Legislature during the 2004-05
fiscal year. Nothing within this section, however, shall be construed
as the concurrence of the Legislature on any such reorganization.
(e)After the General Fund appropriations are reduced by
$150,000,000 pursuant to subdivision (a), the Director of Finance
may reduce General Fund appropriations by an additional
$150,000,000 from identified reversions or identified savings
attributable to any general reorganization plan presented to the
Milton
Marks "Little Hoover" Commission on State Government
Organization and Economy and the Legislature during the 2004-05
fiscal year. Nothing within this subdivision shall be construed as
the
concurrence of the Legislature on any such reorganization.
(f)Nothing within this section shall be construed to confer any
authority upon the Director of Finance to modify or eliminate any
other provision of existing law.
(g)The Director of Finance shall report to the Chairperson of the
Joint Legislative Budget Committee and the chairperson of the
committees of each house of the Legislature that consider
appropriations not more than 30 days after the reductions are made
pursuant to this section. The report shall list the specific
reductions,
by department, agency, and program, and state the programmatic
effects and impacts of each reduction.
SEC. 4.11. All new positions approved in this act shall be
established effective July 1, 2004, unless otherwise approved by the
Department of Finance. Before the end of each month, the State
Controller's office shall provide to the Department of Finance a
listing
of each new position approved by this act that will be abolished
pursuant to Government Code Section 12439 as a result of the
position being vacant for six consecutive pay periods at the end of
the
immediately preceding month. The report provided by the State
Controller's office shall include the department, division, position
classification, position number and the date the position was
established.
SEC. 4.20. (a) Notwithstanding any other provision of law, the
employer's contributions to the Public Employees' Contingency
Reserve Fund, as required by Section 22826 of the Government Code,
shall be 0.425 percent of the gross health insurance premiums paid by
the employer and employee for administrative expenses. The Director
of Finance may, not sooner than 30 days after notification to the
Joint
Legislative Budget Committee, adjust the rate to ensure a three-month
reserve in the Public Employees' Contingency Reserve Fund.
SEC. 4.30. (a) Notwithstanding any other provision of law, the
Director of Finance may adjust amounts in appropriation items for
rental payments on lease-purchase and lease-revenue bonds, or in any
category thereof including fees, insurance, and reimbursements in
this
act as a result of changes from amounts budgeted for the costs for
the
2004-05 fiscal year.
(b) Notwithstanding any other provision of law, the allocation
may be made from funds appropriated for this purpose or from any
other funds legally available for this purpose.
(c) Within 30 days of making any adjustment pursuant to this
section, the Department of Finance shall report the adjustment in
writing to the Joint Legislative Budget Committee.
SEC. 4.35. (a) The Department of Finance shall identify all
positions loaned to the office of the Governor from other departments
and agencies and shall transfer those positions and associated
General
Fund funding authority from the appropriate department or agency to
the office of the Governor.
(b) For loaned positions not funded by the General Fund, the
Director of Finance shall reduce the funding authority associated
with
those positions in the appropriate departments, and transfer the
position authority to the office of the Governor.
(c) Notwithstanding any other provision of law, the director may
augment the amount available for expenditure by the office of the
Governor to pay the costs associated with the transfer of loaned
positions that were not funded by the General Fund.
(d) Upon conclusion of the 2004-05 fiscal year, the director shall
furnish the chairpersons of the committees in each house of the
Legislature that consider appropriations and the budget, and the
Chairperson of the Joint Legislative Budget Committee, with a report
on all transfers and augmentations for that fiscal year.
SEC. 4.45. Notwithstanding Section 11.00 or any other provision
of law, upon order of the Director of Finance, the Controller shall
transfer up to seven hundred fifty thousand dollars ($750,000) from
Item 1760-001-0666 of Section 2.00 to the Department of Finance.
The amount transferred is hereby appropriated to pay costs associated
with producing the Governor's Budget through electronic or other
media and printed hard copies as necessary. Printed hard copies of
the Governor's Budget documents will be provided to the Legislative
Analyst Office, the Office of the Legislative Counsel, offices of the
members of the Legislature, and the fiscal committees of the
Legislature. Additional copies will be available through the Office
of
State Publishing based on the cost of producing the documents
requested. Any transfer of appropriation authority exceeding seven
hundred fifty thousand dollars ($750,000) shall not be effective
sooner than 30 days following notification by the Director of Finance
to the Chairperson of the Joint Legislative Budget Committee and the
Chairpersons of the fiscal committees of the Legislature. Any funds
appropriated for the purpose of this section, up to seven hundred
fifty
thousand dollars ($750,000), may be used to contract with an
experienced web development firm selected from the Department of
General Services Master Services Agreement list for a period of up to
20 months.
SEC. 4.60. (a) The Legislature finds and declares that it is in
the
best interest of the state, in managing state office buildings and in
leasing private space, to use procedures that recognize the value of
these assets to the state and the people served by the state's
programs.
Additionally, costs incurred by the state entities for rent,
operations
and maintenance, debt service, and overhead charges should be
assessed to state entities equitably.
(b) On or before August 1, 2004, the Director of Finance shall
report to the fiscal committees of both houses of the Legislature the
feasibility of assessing a surcharge on state departments that
allocates
overhead costs currently incurred by the Department of General
Services, some of which are recovered through building rental rates,
to all state entities receiving a benefit from these costs. This
report
shall also include recommendations regarding the feasibility of using
a portfolio methodology to establish state office building rental
rates,
including the reallocation of lease revenue debt service payments and
operations and maintenance costs associated with state office
buildings.
(c) Not sooner than 30 days after the transmittal of this report,
the
director is authorized to adjust any item of appropriation in this
act to
effectuate the recommendations or findings included in the report. In
addition, the director is authorized to transfer between items of
appropriation in order to reallocate debt service consistent with the
state's legal obligation to bond holders.
SEC. 4.80. (a) In the event bonds authorized for issuance by the
State Public Works Board are not sold and interim financing costs
have been incurred, departments that have incurred those costs shall
commit a sufficient portion of their support appropriations to repay
the interim financing costs.
(b) In the event Energy Efficiency Bonds authorized pursuant to
Chapter 2.7 (commencing with Section 15814.10) of Part 10b of
Division 3 of Title 2 of the Government Code are not sold and interim
financing costs have been incurred by participating community college
districts and kindergarten through grade 12 districts, the
Controller
shall withhold from the annual apportionment of the State School Fund
a sufficient portion of the participating district's apportionment to
repay the interim financing costs. It is the intent of the
Legislature that
this commitment shall be included in future Budget Acts until
outstanding loans are repaid either through the sale of bonds or from
an appropriation.
SEC. 4.90. Notwithstanding any other provision of law, the
Department of Finance may transfer any funds previously transferred
from the General Fund to the Architectural Revolving Fund back to the
General Fund.
SEC. 4.95. Notwithstanding any other provision of law, the
Department of Finance may transfer any funds previously transferred
from the General Fund to the Inmate Construction Revolving Account
back to the General Fund.
SEC. 5.25. (a) Payment of the attorney's fees specified in
paragraphs (1) and (2) arising from actions in state courts against
the
state, its officers, and officers and employees of state agencies,
departments, boards, bureaus, or commissions, shall be paid from
items of appropriation in this act that support the state operations
of
the affected agency, department, board, bureau, or commission:
(1) State court actions filed pursuant to Section 1021.5 of the
Code of Civil Procedure, the "private attorney general" doctrine, or
the "substantial benefit" doctrine.
(2) Writ of mandate actions filed pursuant to Section 10962 of the
Welfare and Institutions Code.
(b) Expenditures pursuant to subdivision (a) shall be made by the
Controller, subject to the approval of the Director of Finance, and
shall be charged to the fiscal year in which the disbursement is
issued.
(c) A payment shall not be made by the Controller for
expenditures pursuant to subdivision (a) except in full and final
satisfaction of the claim, settlement, compromise, or judgment for
attorney's fees incurred in connection with a single action.
(d) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, the Chairperson of the Senate
Committee on Budget and Fiscal Review, and the Chairperson of the
Assembly Budget Committee pursuant to Items 9840-001-0001,
9840-001-0494, and 9840-001-0988 of Section 2.00 when there are
insufficient funds appropriated in this act in support of the state
operations of the affected agency, department, board, bureau, or
commission to satisfy the claim completely.
SEC. 5.30. The amount of any special fund or nongovernmental
cost fund appropriation made under this act to any state agency,
board,
commission, or other entity of state government is hereby augmented
in the amount approved by the Director of Finance as necessary to
fund any increase imposed during the 2004-05 fiscal year by the
Department of Justice in the rates for attorney services provided to
that entity. An augmentation approved by the Director of Finance
shall
be made not sooner than 30 days after notification in writing to the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than a lesser time that the chairperson or his or her designee may in
each instance determine. An appropriation from a fund may be
augmented pursuant to this section only if the fund has a sufficient
reserve balance to cover the amount of the augmentation. No fee
increase may be imposed to fund an augmentation approved pursuant
to this section.
SEC. 5.40. (a) It is the intent of the Legislature that all
amounts
appropriated by this act to the following departments to implement
the
CALFED Bay-Delta Program shall be available for expenditure in
accordance with the schedule of expenditures for the CALFED
BayDelta Program, broken down by program element, as set forth in
Item 3870 of the Supplemental Report to this act:
(1) Item 0540--Secretary for Resources
(2) Item 3480--Department of Conservation
(3) Item 3540--Department of Forestry and Fire Protection
(4) Item 3560--State Lands Commission
(5) Item 3600--Department of Fish and Game
(6) Item 3640--Wildlife Conservation Board
(7) Item 3760--State Coastal Conservancy
(8) Item 3820--San Francisco Bay Conservation and Development
Commission
(9) Item 3860--Department of Water Resources
(10) Item 3870--California Bay-Delta Authority
(11) Item 3940--State Water Resources Control Board
(12) Item 8570--Department of Food and Agriculture
(b) The amounts appropriated by this act to implement the
CALFED Bay-Delta Program shall be available only for projects,
activities, and purposes that are consistent with the CALFED Record
of Decision, including the accompanying environmental impact
statement/environmental impact report previously certified by the
state lead agency pursuant to Division 13 (commencing with Section
21000) of the Public Resources Code.
(c) The amounts appropriated from accounts established under
Division 24 (commencing with Section 78500) and Division 26
(commencing with Section 79000) of the Water Code shall be limited
to the purposes provided for by those provisions.
(d) Notwithstanding Sections 26.00 and 28.50 of this act, the
Director of Finance may, pursuant to a request by an affected agency
specified in subdivision (a) of this section seeking the transfer and
the
California Bay-Delta Authority, or pursuant to a joint request of
these
agencies where more than one agency is affected, authorize a transfer
of an amount that exceeds $200,000 from an amount available for
expenditure in one scheduled program element to one or more of the
other scheduled elements. Any transfer may be authorized pursuant to
this provision not sooner than 30 days after notification in writing
of
the transfer is provided to the chairpersons of the fiscal committees
in
each house of the Legislature and the Chairpersons of the Joint
Legislative Budget Committee, or not sooner than whatever lesser
time the Chairpersons of the Joint Legislative Budget Committee, or
his or her designee, may in each instance determine. The notification
to the Legislature shall specify the justification for the transfer.
SEC. 6.00. No more than $100,000 of the funds appropriated for
support purposes under Section 2.00 or any other sections of this act
may be encumbered for preliminary plans, working drawings, or
construction of any project for the alteration of a state facility
unless
the Director of Finance determines that the proposed alteration is
critical and that it is necessary to proceed using funds appropriated
for support purposes. Any approved critical project costing more than
$100,000 shall be reported to the Chairperson of the Joint
Legislative
Budget Committee or his or her designee, not less than 30 days prior
to requesting bids for the project. The report shall detail those
factors
that make the project so critical that it must proceed using support
funds. No project described by this section may cost more than
$400,000.
SEC. 6.60. The Director of Finance shall complete a survey of
each state agency, department, board, and commission to determine if,
between the 2003-04 and 2004-05 fiscal years, there are any savings
related to workers' compensation costs. To the extent that savings
are
available, those funds shall be transferred to the General Fund. Up
to
$40,000,000 of these savings shall be appropriated to Schedule (5) of
Item 5180-101-0001 in lieu of up to $40,000,000 of the amount
appropriated in Item 5180-101-0514.
SEC. 8.00. (a) Notwithstanding Section 28.00 of this act, any
amounts received from the federal government for the purposes of
funding antiterrorism costs in the state that exceed the current
appropriation of federal funds for that purpose, are hereby
appropriated. These federal funds shall be allocated upon order of
the
Director of Finance to state departments for state or local
assistance
purposes or directly to local governments to address high-priority
needs for costs of funding antiterrorism incurred in the 2003-04
fiscal
year and ongoing or new costs for the 2004-05 fiscal year.
(b) Allocations made to state departments may be used to offset
expenditures paid or to be paid from other funding sources.
Allocations made for the purpose of an offset shall be applied as a
negative expenditure to the appropriation where the expenditure has,
or will be charged.
(c) Allocations pursuant to this section may be authorized not
sooner than 30 days after notification, to the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser
time the Chairperson of the Joint Legislative Budget Committee, or
his
or her designee, may in each instance determine.
SEC. 8.50. (a) In making appropriations to state agencies that
are
eligible for federal programs, it is the intent and understanding of
the
Legislature that applications made by the agencies for federal funds
under federal programs shall be for the maximum amount allowable
under federal law. Therefore, any amounts received from the federal
government are hereby appropriated from federal funds for
expenditure or for transfer to, and disbursement from, the State
Treasury fund established for the purpose of receiving the federal
assistance subject to any provisions of this act that apply to the
expenditure of these funds, including Section 28.00 of this act.
(b) However, if federal funds for block grant programs assumed
by the state or for any item receiving federal funds are reduced by
more than 5 percent of the amount appropriated in this act, the
Director of Finance shall notify the chairperson of the committee in
each house which considers appropriations, and the Chairperson of
the Joint Legislative Budget Committee, in writing within 30 days
after notification by the federal government that federal funds have
been reduced, and shall include an estimate of the amount of the
available or anticipated federal funds, the 2004-05 fiscal year
expenditures of each program affected by the reduction, the effect of
reduced funding on service levels authorized by this act, and a plan
of
reduced expenditures for each program affected by the reduction. The
plan shall be operational on an interim basis for up to 45 days
pending legislative review, after which time the plan shall become
permanent.
SEC. 8.51. Each state agency shall, by certification to the
Controller, identify the account within the Federal Trust Fund when
charges are made against any appropriation made herein from the
Federal Trust Fund.
SEC. 8.52. (a) The Director of Finance may reduce items of
appropriation upon receipt or expenditure of federal trust funds in
lieu
of the amount appropriated for the same purpose and may make
allocations for the purpose of offsetting expenditures. Allocations
made for the purpose of offsetting existing expenditures shall be
applied as a negative expenditure to the appropriation where the
expenditure was charged.
(b) The director shall notify in writing the Chairperson of the
Joint
Legislative Budget Committee and the chairpersons of the fiscal
committees in each house of the Legislature not less than 30 days
prior
to the effective date of any adjustments to items of appropriations
made pursuant to this section or not sooner than whatever lesser time
the Chairperson of the Joint Legislative Budget Committee, or his or
her designee, may in each instance determine. The notification shall
include, but not be limited to, the basis for the proposed
appropriations adjustments, a description of the fiscal assumptions
used in making the appropriation adjustments, and any necessary
background information regarding the programs to be adjusted. Any
expenditure of federal funds for purposes other than offsetting other
fund appropriations shall continue to be subject to the provisions of
Section 28.00.
SEC. 9.20. Notwithstanding Section 15860 of the Government
Code, the amount of funds expended for administrative costs
associated with any appropriation contained in this act for
acquisition
of property pursuant to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code) shall be limited to the amount specified for those
costs in the Supplemental Report of the Budget Act of 2004. Amounts
for administrative costs may be augmented by no more than 5 percent
by the State Public Works Board. Notwithstanding the foregoing, any
amounts needed for administrative costs associated with acquisition
through the condemnation authority of the State Public Works Board
shall be provided through augmentation of the affected appropriations
as authorized by existing law.
SEC. 9.30. In the event that federal courts issue writs of
execution for the levy of state funds and such writs are executed,
the
State Controller shall so notify the Department of Finance. The
Department of Finance shall then notify the State Controller of the
specific appropriation or fund to be charged. Federal writs of
execution for the levy of state funds may only be charged against
appropriations or funds having a direct programmatic link to the
circumstances under which the federal writ was issued. If the
appropriate department or agency no longer exists, or no linkage can
be identified, the federal writ shall be charged to the
unappropriated
surplus of the General Fund. In the event that an appropriation in
the
act would have insufficient funding by such a charge, funding
augmentations must follow the regular budget processes.
SEC. 9.45. (a) Any state agency, department, board, or
commission shall provide notification to the Department of Finance
and the Joint Legislative Budget Committee not less than 30 days
prior
to committing funding from Proposition 40 or Proposition 50, if all
of
the following criteria apply:
(1) The funds will be used, either directly or through a grant,
for
the purchase of interests in, or the restoration or rehabilitation of
property.
(2) The funds will be used for a grant or project that is not
appropriated in statute by name or description.
(3) The total expenditure for the project, including, but not
limited
to, Proposition 40 or Proposition 50 funds, is in excess of $25
million.
(b) The notification shall include a detailed description of the
portion of the project being funded and a detailed description of the
whole project. For the purposes of this section, the criteria set
forth in
subdivision (a) shall apply to both single transactions and
cumulative
transactions that involve the purchase of properties near or adjacent
to
each other.
(c) For purchases and grants meeting the criteria set forth in
subdivision (a), the state agency, department, board, or commission
may take public actions and hold public meetings prior to 30 days
following notification only if such actions are expressly approved
pending the completion of the 30-day review by the Department of
Finance and the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, may in each instance
determine. The seller or grantee must be explicitly notified in
writing
of this condition 10 days prior to any action taken.
SEC. 9.50. For minor capital outlay projects for which, pursuant
to Sections 10108 and 10108.5 of the Public Contract Code, the
services of the Department of General Services are not required and a
state agency or department is authorized to carry out its own
project,
the amount of the unencumbered balance of the project shall be
determined in accordance with Section 14959 of the Government
Code. Upon receipt of bids for the project, an estimate of any amount
necessary for the completion of the project, including supervision,
engineering, and other items, if any, shall be deemed a valid
encumbrance and shall be included with any other valid encumbrance
in determining the amount of an unencumbered balance.
SEC. 11.00. (a) A state agency to which state funds are
appropriated by one or more statutes, including this act, for an
information technology project may not enter into, or agree to any
contract or any contract amendment, in the 2004-05 fiscal year that
results, in the aggregate, in an increase in the budgeted cost of the
project exceeding five hundred thousand dollars ($500,000), or 10
percent of the budgeted cost of the project, whichever is less,
unless
the approval of the Director of Finance is first obtained and written
notification of that approval is provided by the department to the
Chairperson of the Joint Legislative Budget Committee, and the
chairperson of the budget committee of each house of the Legislature,
not less than 30 days prior to the effective date of the approval, or
not
sooner than whatever lesser time the chairperson of the joint
committee, or his or her designee, may in each instance determine.
Each notification required by this section shall (1) explain the
necessity and rationale for the proposed contract or amendment, (2)
identify the cost savings, revenue increase, or other fiscal benefit
of
the proposed contract or amendment, and (3) identify the funding
source for the proposed contract or amendment.
(b) Subdivision (a) does not apply to a resulting increase in the
budgeted cost of a project that is less than one hundred thousand
dollars ($100,000), or that is funded by an augmentation authorized
pursuant to Section 26.00 of this act.
(c) The following definitions apply for the purposes of this
section:
(1) "Budgeted cost of a project" means the total cost of the
project
as identified in the most recent feasibility study report, special
project
report, or equivalent document submitted to the Legislature in
connection with its consideration of a bill that appropriated any
state
funding for that project.
(2) "State agency" means each agency of the state that is subject
to
Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of,
Division 3 of Title 2 of the Government Code except that this control
section shall not apply to the University of California, the
California
State University, the State Compensation Insurance Fund, the
community college districts, agencies provided for by Article VI of
the California Constitution, or the Legislature.
SEC. 11.10. (a) Before a department may enter into or amend a
statewide software license agreement not previously approved by the
Legislature that obligates state funds in the current year or future
years, the Director of Finance shall notify the Legislature whether
or
not the obligation will result in a net expenditure or savings. A
department shall prepare and submit to the Department of Finance a
business proposal containing the following elements: installed base
analysis, future use (including assumptions for future use), the
reason
for choosing a statewide license agreement rather than any other
procurement method such as a volume purchase agreement, a
cost/benefit analysis, a cost allocation methodology, and funding
plan.
A statewide software license agreement may not be entered into or
amended unless the approval of the Director of Finance is first
obtained and written notification of that approval is provided by the
department to the Chairperson of the Joint Legislative Budget
Committee, and the chairperson of the budget committee of each house
of the Legislature, not less than 30 days prior to the effective date
of
the approval, or not sooner than whatever lesser time the chairperson
of the joint committee, or his or her designee, may in each instance
determine. Each notification required by this section shall:
(1) Explain the necessity and rationale for the proposed
agreement.
(2) Identify the cost savings, revenue increase, or other fiscal
benefit of the proposed agreement.
(3) Identify the funding source for the proposed agreement.
(b) For purposes of this section, "statewide software license
agreement" means a software license contract that can be used by
multiple state agencies subject to Article 2 (commencing with Section
13320) of Chapter 3 of Part 3 of, Division 3 of Title 2 of the
Government Code except that this Control Section shall not apply to
the University of California, the California State University, the
State
Compensation Insurance Fund, the community college districts,
agencies provided for by Article VI of the California Constitution,
or
the Legislature.
(c) Subdivision (a) does not apply if the amount of the proposed
contract or amendment is less than $1,000,000 in the aggregate.
SEC. 11.11. In order to protect the privacy of state employees
and ensure the security of the payment of public funds, all
departments, boards, offices, and other agencies and entities of the
state shall distribute pay warrants and direct deposit advices to
employees in a manner that ensures that personal and confidential
information contained on the warrants and direct deposit advices is
protected from unauthorized access. The Department of Personnel
Administration shall advise all departments, boards, offices, and
other
agencies and entities of state government of the requirements
contained in this section.
SEC. 11.52. Notwithstanding any other provision of law, the
State Controller shall transfer to the General Fund the unencumbered
balance, as of June 30, 2004, from the Energy and Resources Fund.
SEC. 12.00. For the purposes of Article XIII B of the California
Constitution, there is hereby established a state "appropriations
limit"
of sixty-four billion five hundred eighty-eight million dollars
($64,588,000,000) for the 2004-05 fiscal year.
Any judicial action or proceeding to attack, review, set aside,
void, or annul the "appropriations limit" for the 2004-05 fiscal year
shall be commenced within 45 days of the effective date of this act.
SEC. 12.10. There is hereby appropriated from the General Fund
the sum of forty-eight million dollars ($48,000,000) to satisfy the
state's 2004-05 obligation pursuant to the Settlement Agreement in
the
case of Craig Brown v. U.S. Department of Health and Human
Services, et al. (Ninth Circuit Court of Appeals, Case No. 99-16992).
SEC. 12.30. There is hereby appropriated from the General Fund
for transfer to the Special Fund for Economic Uncertainties by the
Controller, upon order of the Director of Finance, an amount
necessary to bring the balance of this special fund up to the amount
stated in the 2004-05 Final Change Book for the 2004-05 fiscal year
ending balance in the Special Fund for Economic Uncertainties. The
amount so transferred shall be reduced by the amount of excess
revenues subject to Section 2 of Article XIII B of the California
Constitution, as determined by the Director of Finance.
SEC. 12.32. (a) It is the intent of the Legislature that
appropriations that are subject to Section 8 of Article XVI of the
California Constitution be designated with the wording "Proposition
98." In the event these appropriations are not so designated, they
may
be designated as such by the Department of Finance, where that
designation is consistent with legislative intent, within 30 days
after
notification in writing of the proposed designation to the
chairperson
of the committee in each house of the Legislature that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or within a lesser time that the chairperson of the joint
committee, or his or her designee, determines.
(b) Pursuant to the Proposition 98 funding requirements
established in Chapter 2 (commencing with Section 41200) of Part 24
of the Education Code, the total appropriations for Proposition 98
for
the 2004-05 fiscal year are $34,036,404,000 or 43.1 percent of total
General Fund revenues and transfers subject to the state
appropriations limit. General Fund revenues appropriated for school
districts are $30,875,301,000 or 39 percent of total General Fund
revenues and transfers subject to the state appropriations limit.
General Fund revenues appropriated for community college districts
are $3,066,558,000 or 3.9 percent of total General Fund revenues and
transfers subject to the state appropriations limit. General Fund
revenues appropriated for other state agencies that provide direct
elementary and secondary level education, as defined in Section
41302.5 of the Education Code, are $94,545,000 or 0.1 percent of
total General Fund revenues and transfers subject to the state
appropriations limit.
SEC. 12.40. (a) Notwithstanding any other provision of law, not
more than 10 percent of the amount apportioned to any school
district,
county office of education, or other educational agency under the
programs funded in this act that were funded in Item 6110-230-0001
of Section 2.00 of SB 160 of the 1999-2000 Regular Session, as
introduced on January 8, 1999, may be expended by that recipient for
the purposes of any other program for which the recipient is eligible
for funding under those items, except that the total amount of
funding
allocated to the recipient under this item that is expended by the
recipient for the purposes of any of those programs shall not exceed
115 percent of the amount of state funding allocated pursuant to the
appropriations to that recipient for those programs in this act for
the
2004-05 fiscal year. Notwithstanding any other provision of law, for
the 2004-05 fiscal year, local education agencies may also use this
authority to provide the funds necessary to initiate a conflict
resolution program pursuant to Chapter 2.5 (commencing with Section
32260) of Part 19 of the Education Code, and to continue to support
following the three-to-five year state grant period, or to expand, a
Healthy Start program pursuant to Chapter 5 (commencing with
Section 8800) of Part 6 of the Education Code.
(b) The education programs that are eligible for the flexibility
provided in subdivision (a) included the following items: Items
6110-108-0001, 6110-111-0001, 6110-116-0001, 6110-119-0001,
6110-120-0001, 6110-122-0001, 6110-124-0001, 6110-127-0001,
6110-128-0001, 6110-131-0001, 6110-132-0001, 6110-151-0001,
6110-163-0001, 6110-167-0001, 6110-181-0001, 6110-193-0001,
6110-197-0001, 6110-203-0001, 6110-209-0001, and
6110-224-0001 of this act.
(c) As a condition of receiving the funds provided for the
programs identified in subdivision (b), local education agencies
shall
report to the State Department of Education by October 15, 2005, on
any amounts shifted between these programs pursuant to the
flexibility
provided in subdivision (a). The Department of Education shall
collect and provide this information to the Joint Legislative Budget
Committee, chairs and vice chairs of the fiscal committees for
education of the Legislature and the Department of Finance, by
February 1, 2006.
SEC. 12.60. It is the intent of the Legislature that education
programs with voluntary participation be funded at statutorily
authorized levels. Notwithstanding any other provision of law, the
Controller, upon approval of the Director of Finance, shall transfer
unobligated funds between any of the following voluntary
participation programs to the extent needed to fully fund eligible
participation. First priority for allocation of savings shall be
given to
the CalSAFE program, Item 6110-198-0001. The Department of
Finance shall notify the Joint Legislative Budget Committee of any
transfers made under this Control Section. The items between which
the Controller may transfer funds pursuant to this section are the
following: Items 6110-104-0001, 6110-158-0001, 6110-190-0001,
6110-195-0001, 6110-198-0001, 6110-211-0001, 6110-232-0001,
and 6110-234-0001.
SEC. 12.75. The Superintendent of Public Instruction shall reduce
by $2,666,000 funding for basic aid school districts from the
Proposition 98 categorical funds appropriated in this act that would
otherwise be allocated to basic aid school districts, in accordance
with legislation that goes into effect on or before January 1, 2005.
SEC. 13.00. (a) Notwithstanding any other provision of law,
expenditures under Item 0160-001-0001 of Section 2.00 of this act or
any appropriation in augmentation of that item shall be exempt from
Chapter 7 (commencing with Section 11700) of Part 1 of, and Article
2 (commencing with Section 13320) of Chapter 3 of Part 3 of,
Division 3 of Title 2 of the Government Code, Division 2
(commencing with Section 1100) of the Public Contract Code, and
subdivision (a) of Section 713 of Title 2 of the California Code of
Regulations, and may be expended as set forth in the Governor's
Budget, or for other purposes, including expenditures for the number
of positions in various classifications authorized by the Joint Rules
Committee.
(b) Notwithstanding any other provision of law, the unencumbered
balances as of June 30, 2005, of the appropriations made by Items
0160-001-0001 and 8840-001-0001 of the Budget Act of 2004 are
reappropriated and shall be available for encumbrance until June 30,
2006, for the same programs and purposes for which appropriations
for these items have been made by this act.
(c) Notwithstanding any other provision of law, all money that is
received as payment for the sale of services or personal property by
the agency that has not been taken into consideration in the schedule
of
Item 0160-001-0001 or is in excess of the amount so taken into
consideration is to be credited to that item and is hereby
appropriated
in augmentation of that item for the same programs and purposes for
which appropriations for that item have been made by this act.
(d) Notwithstanding any other provision of law, the Legislative
Counsel Bureau may convert or reclassify positions in the bureau, as
deemed appropriate by the Legislative Counsel, for inclusion, or
redesignation, in the career executive assignment band, to the extent
that the total number of positions in the career executive band in
the
bureau does not exceed 3 percent of the positions in the bureau. Any
position that is converted or reclassified shall not be subject to
review or approval by the Department of Personnel Administration or
State Personnel Board.
SEC. 14.00. (a) Notwithstanding any other provision of law, if
the Director of the Department of Consumer Affairs determines in
writing that there is insufficient cash in a special fund under the
authority of a board, commission, or bureau of the department to make
one or more payments currently due and payable, the director may
order the transfer of moneys to that special fund, in the amount
necessary to make the payment or payments, as a loan from a special
fund under the authority of another board, commission, or bureau of
the department. That loan shall be subject to all of the following
conditions:
(1) No loan from a special fund shall be made that would interfere
with the carrying out of the object for which the special fund was
created.
(2) The loan shall be repaid as soon as there is sufficient money
in
the recipient fund to repay the amount loaned, but no later than a
date
18 months after the date of the loan. Interest on the loan shall be
paid
from the recipient fund at the rate accruing during the loan period
to
moneys in the Pooled Money Investment Account.
(3) The amount loaned shall not exceed the amount that the
appropriate board, commission, or bureau is statutorily authorized at
the time of the loan to expend during the 2004-05 fiscal year from
the
recipient fund.
(4) The terms and conditions of the loan are approved, prior to
the
transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.
(b) (1) Notwithstanding any other provision of law, the
Department of Consumer Affairs, during the 2004-05 fiscal year, may
order the release of moneys from the clearing account in the Consumer
Affairs Fund in an amount exceeding the amount advanced to the
clearing account from a special fund within the department, as a loan
to make one or more payments on behalf of that special fund that are
currently due and payable. To the extent that the amount of moneys
currently in the clearing account is insufficient to make the payment
or
payments on behalf of that special fund, the department may transfer
additional moneys to the clearing account from any other special fund
under the authority of a board, commission, or bureau of the
department to include in the loan. A loan made to a special fund
under this subdivision shall be subject to all of the following
conditions:
(A) The loan shall not be made if it would reduce the amount
advanced to the clearing account from another special fund, or the
amount contained in that special fund, as applicable, to an extent
that
would interfere with the carrying out of the object for which that
special fund was created.
(B) The loan shall be repaid as soon as there is sufficient money
in the recipient fund to repay the amount loaned, but no later than a
date 60 days after the date of the loan.
(C) The amount loaned shall not exceed the amount that the
appropriate board, commission, or bureau is statutorily authorized at
the time of the loan to expend during the 2004-05 fiscal year from
the
recipient fund.
(2) For purposes of this subdivision, the "clearing account" in
the
Consumer Affairs Fund is the account established in that fund,
consisting of moneys advanced from the various special funds within
the department, from which the Department of Consumer Affairs pays
operating and other expenses of each special fund in an amount
ordinarily not exceeding the amount advanced from that special fund.
(c) The Director of the Department of Consumer Affairs shall
provide a report by March 1, 2005, on all loans initiated or
repayments made pursuant to subdivision (a) or (b) within the
preceding 12-month period to the chairperson of the budget
committee, and the chairperson of the appropriate legislative
oversight committee, of each house of the Legislature.
(d) At least 10 days prior to initiating a loan to be made
pursuant
to subdivision (a) or (b), the Director of the Department of Consumer
Affairs shall provide written notification to the Joint Legislative
Budget Committee if either (1) any loan from any one fund exceeds
$200,000 or (2) the aggregate amount of loans from any one fund
exceeds $200,000.
SEC. 15.00. (a) Notwithstanding any other provision of law, the
Director of Finance may reallocate amounts appropriated in this act,
as necessary, for the purpose of implementing a plan to consolidate
the state's data centers and information technology functions and
activities not sooner than 30 days after notification in writing of
the
necessity thereof is provided to the chairperson of the committee in
each house of the Legislature that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, may in each instance
determine. This section shall also be enacted consistent with the
provisions of Article 7.5 (commencing with Section 12080) of
Chapter 1 of Part 2 of Division 3 of Title 2 of, and Section 19050.9
of, the Government Code.
(b) The Controller, upon order of the Director of Finance, shall
transfer $3,500,000 from the Stephen P. Teale Data Center Revolving
Fund to the General Fund. The $3,500,000 transfer to the General
Fund is deemed to meet the requirements of Section 41.5(a) of
Chapter 225 of the Statutes of 2003 to achieve a $3,500,000 General
Fund savings as a result of consolidation of the state's data
centers. In
addition, the Director of Finance shall identify all other funds that
would be due a transfer proportional to the General Fund transfer.
The
Controller shall, upon order of and as specified by the Director of
Finance, transfer those moneys from the Stephen P. Teale Data Center
Revolving Fund to those specified funds.
SEC. 17.00. The Budget Act of 2004 includes $63,712,000
($17,844,000 from the General Fund, $44,840,000 from federal funds,
and $1,028,000 from special funds) for applicant state agencies,
departments, boards, commissions, or other entities of state
government in support of federal Health Insurance Portability and
Accountability Act (HIPAA) of 1990 activities. These funds are
allocated to the following entities:
California Health and Human Services Agency
General Fund
2,914,000
Federal Funds
595,000
Public Employees' Retirement System
Special Funds
223,000
Office of Statewide Health Planning and Development
Special Funds
99,000
Department of Aging
General Fund
12,000
Federal Funds
12,000
Department of Alcohol and Drug Programs
General Fund
817,000
Federal Funds
947,000
Department of Health Services
General Fund
11,318,000
Special Funds
451,000
Federal Funds
41,323,000
Managed Risk Medical Insurance Board
General Fund
25,000
Special Funds
30,000
Federal Funds
46,000
Department of Developmental Services
General Fund
958,000
Federal Funds
874,000
Department of Mental Health
General Fund
1,042,000
Federal Funds
1,043,000
Department of Corrections
General Fund
633,000
Department of Personnel Administration
Special Funds
225,000
Department of Veterans Affairs
General Fund
125,000
SEC. 24.00. For the 2004-05 fiscal year, the donations and oil
and mineral revenues from federal lands that are deposited in the
State
School Fund shall be divided between Section A and Section B of the
State School Fund, with 85 percent of these revenues to be credited
to
Section A of the fund exclusively for regular apportionments for
school districts serving pupils in kindergarten or any of grades 1 to
12, inclusive, and 15 percent to Section B of the fund exclusively
for
community college district regular apportionments. The amounts
accruing to the State School Fund under this section shall be
disbursed fully before any General Fund transfers to Section A or
Section B of the State School Fund are disbursed for regular
apportionments.
SEC. 24.03. Notwithstanding any other provision of law, funds
appropriated by Section 2.00, Section 8.50, Section 28.00, Section
28.50, or any other provision of this act may not be expended for the
support of any program, network, or material, with the exception of
instruction to pupils who are identified as deaf or hearing impaired
pursuant to 34 C.F.R. 300.7(b) paragraphs (3) and (4), that promotes
or uses reading instruction methodologies that emphasize contextual
clues in lieu of fluent decoding.
SEC. 24.10. (a) Notwithstanding Section 1464 of the Penal Code
or Section 41304 of the Education Code, the first one million one
hundred six thousand dollars ($1,106,000) received by the Driver
Training Penalty Assessment Fund for the 2004-05 fiscal year shall
be available for the purposes of Item 6110-001-0178 of Section 2.00
of this act. The amount retained by the Driver Training Penalty
Assessment Fund for the purposes of Item 6110-001-0178 may be
adjusted by the Department of Finance for actions pursuant to any
Control Section of this act.
(b) After moneys are retained by the Driver Training Penalty
Assessment Fund pursuant to subdivision (a), the Controller shall
transfer any remaining balances as follows: $4,121,000 to the Victim
Witness Assistance Fund; and $14,000,000 to the Peace Officers'
Training Fund. Any remaining unallocated moneys in the Driver
Training Penalty Assessment Fund shall be transferred to the General
Fund.
SEC. 24.30. Notwithstanding any other provision of law, the
Controller, upon order of the Director of Finance, shall transfer
rental
income received in the 2004-05 fiscal year pursuant to Section 17089
of the Education Code from the State School Building Aid Fund to the
General Fund.
SEC. 24.60. Each state entity receiving lottery funds shall
annually report to the Governor and the Legislature on or before May
15 the amount of lottery funds that the entity received and the
purposes
for which those funds were expended in the prior fiscal year,
including administrative costs. The State Department of Education
shall report on behalf of K-12 entities. If applicable, the entity
shall
also report the amount of lottery funds received on the basis of
adult
education average daily attendance (ADA) and the amount of lottery
funds expended for adult education.
SEC. 24.70. From the funds appropriated to the State Department
of Education for local assistance, the department shall ensure that
the
expenditure of funds allocated to a local educational agency (LEA),
through a contract between the department and the LEA or through a
grant from the department to the LEA, shall be subject to the LEA's
fiscal accountability policies and procedures. If it is necessary for
the
LEA to establish a separate entity to complete the work scope of the
contract or grant, the fiscal accountability policies and procedures
for
that entity shall be the same as those of the LEA, or amended only
with the approval of both the superintendent of schools of the LEA
and a fiscal representative of the department designated by the
Superintendent of Public Instruction. Further, the department shall
have the authority to provide for an audit of the expenditures under
the
contract or grant between the department and the LEA to verify
conformance with appropriate fiscal accountability policies and
procedures. The cost of the audit, if required, shall be charged to
the
audited contract or grant.
SEC. 25.25. Notwithstanding any other provision of law, a sum
not to exceed $2,520,000 is appropriated from various special and
nongovernmental cost funds to the State Controller for payment of
costs to support the replacement of the existing automated human
resource/payroll systems known as the 21st Century Project. The
Controller shall assess these funds in sufficient amounts to pay for
the
authorized 21st Century Project costs that are attributable to such
funds pursuant to legislation enacted during the 2003-04 Regular
Session of the Legislature. Assessments in support of the
expenditures
for the 21st Century Project shall be made quarterly and the total
amount assessed from these funds in the 2004-05 fiscal year shall not
exceed the total expenditures incurred by the State Controller for
the
21st Century Project that are attributable to those funds in the
2004-05
fiscal year.
SEC. 25.50. Notwithstanding any other provision of law, an
amount not to exceed five hundred seventy-nine thousand dollars
($579,000) is hereby appropriated from various funds to the State
Controller as specified below for reimbursement of costs for the
procurement, development, and implementation of a new
Apportionment Payment System:
0046 Public Transportation Account $ 9,000
0062
Highway Users Tax Account 166,000
0064
Motor Vehicle License Fee Account 204,000
0877
DMV Local Agency Collection Fund 1,000
0932
Trial Court Trust Fund 79,000
0965
Timber Tax Fund 2,000
0969
Public Safety Account 118,000
Total, All Funds $579,000
The Controller shall assess these funds for the costs of the new
Apportionment Payment System because apportionment payments in
excess of ten million dollars ($10,000,000) are made annually from
these funds. Assessments in support of the expenditures for the
Apportionment Payment System shall be made monthly, and the total
amount assessed from these funds may not exceed the total
expenditures incurred by the State Controller for the Apportionment
Payment System for the 2004-05 fiscal year.
SEC. 26.00. (a) It is the intent of the Legislature, in enacting
this
section, to provide flexibility for the administrative approval of
intraschedule transfers within individual items of appropriation in
those instances where the transfers are necessary for the efficient
and
cost effective implementation of the programs, projects, and
functions
funded by this act. No transfer shall be authorized under this
section to
either eliminate any program, project, or function, except when
implemen tation is found to be no longer feasible in light of
changing
circumstances or new information, or establish any new program,
project, or function.
(b) The Director of Finance may, pursuant to a request by the
officer, department, division, bureau, board, commission, or other
agency to which an appropriation is made by this act, authorize the
augmentation of the amount available for expenditure in any schedule
set forth for that appropriation, by making a transfer from any of
the
other designated programs, projects, or functions within the same
schedule. No intraschedule transfer may be made under this section to
fund any capital outlay purpose, regardless of whether budgeted in a
capital outlay or a local assistance appropriation. Upon the
conclusion of the 2004-05 fiscal year, the Director of Finance shall
furnish the chairpersons of the committees in each house of the
Legislature that consider appropriations and the Budget, and the
Chairperson of the Joint Legislative Budget Committee, with a report
on all authorizations given pursuant to this section during that
fiscal
year.
(c) Intraschedule transfers of the amounts available for
expenditure for a program, project, or function designated in any
line
of any schedule set forth for that appropriation by transfer from any
of
the other des-ignated programs, projects, or functions within the
same
schedule shall not exceed, during any fiscal year:
(1) 20 percent of the amount so scheduled on that line for those
appropriations made by this act that are $2,000,000 or less.
(2) $400,000 of the amount so scheduled on that line for those
appropriations made by this act that are more than $2,000,000 but
equal to or less than $4,000,000.
(3) 10 percent of the amount so scheduled on that line for those
appropriations made by this act that are more than $4,000,000.
(4) The Department of Transportation Highway Program shall be
limited to a schedule change of 10 percent.
(d) Any transfer in excess of $200,000 may be authorized pursuant
to this section not sooner than 30 days after notification in writing
of
the necessity therefor is provided to the chairperson of the
committee
in each house of the Legislature that considers appropriations and
the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, may in each instance
determine.
(e) Any transfer in excess of the limitations provided in
subdivision (c) may be authorized not sooner than 30 days after
notification in writing of the necessity to exceed the limitations is
provided to the chairperson of the committee in each house that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee or his or her designee, may in each instance
determine.
SEC. 28.00. (a) It is the intent of the Legislature in enacting
this
section to provide flexibility for administrative approval of
augmentations for the expenditure of unanticipated federal funds or
other nonstate funds in cases that meet the criteria set forth in
this
section. However, this section does not provide an alternative budget
process, and proposals for additional spending ordinarily should be
considered in the annual State Budget or other state legislation.
(b) The Director of Finance may authorize the augmentation of the
amount available for expenditure for any program, project, or
function
in the schedule of any appropriation in this act or any additional
program, project, or function equal to the amount of any additional,
unanticipated funds that he or she estimates will be received by the
state during the 2004-05 fiscal year from any agency of local
government or the federal government, or from any other nonstate
source, provided that the additional funding meets all of the
following
requirements:
(1) The funds will be expended for a purpose that is consistent
with state law.
(2) The funds are made available to the state under conditions
permitting their use only for a specified purpose, and the additional
ex
penditure proposed under this section would apply to that specified
funding purpose.
(3) Acceptance of the additional funding does not impose on the
state any requirement to commit or expend new state funds for any
program or purpose.
(4) The need exists to expend the additional funding during the
2004-05 fiscal year.
(c) The Director of Finance also may reduce any program,
project, or function whenever he or she determines that funds to be
received will be less than the amount taken into consideration in the
schedule.
(d) Any augmentation or reduction that exceeds either (1) two
hundred thousand dollars ($200,000) or (2) 10 percent of the amount
available for expenditure in the affected program, project, or
function
may be authorized not sooner than 30 days after notification in
writing
of the necessity is provided to the chairperson of the committee in
each house of the Legislature that considers appropriations, the
chairpersons of the committees, and the appropriate subcommittees, in
each house that considers the State Budget, and the Chairperson of
the
Joint Legislative Budget Committee, or not sooner than whatever
lesser time the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.
With regard to any proposed augmentation, the notification shall
state
the basis for the determination by the Director of Finance that the
augmentation meets each of the requirements set forth in subdivision
(b). This notification requirement does not apply to federal funds
related to caseload increases in Medi-Cal, California Work
Opportunity and Responsibility to Kids (CalWORKs), and
Supplemental Security Income/State Supplementary Program
(SSI/SSP).
(e) Any personnel action that is dependent on funds subject to
this
section shall not be effective until after the provisions of this
section
have been complied with. Any authorization made pursuant to this
section shall remain in effect for the period the director may
determine in each instance, but in no event after June 30, 2005.
SEC. 28.50. (a) Except as otherwise provided by law, an officer,
department, division, bureau, or other agency of the state may expend
for the 2004-05 fiscal year all moneys received as reimbursement
from another officer, department, division, bureau, or other agency
of
the state that has not been taken into consideration by this act or
any
other statute, upon the prior written approval of the Director of
Finance. The Department of Finance may also reduce any
reimbursement amount and related program, project, or function
amount if funds received from another officer, department, division,
bureau, or other agency of the state will be less than the amount
taken
into consideration in the schedule.
(b) For any expenditure of reimbursements or any transfer for the
2004-05 fiscal year that exceeds two hundred thousand dollars
($200,000), the Director of Finance shall provide notification in
writing of any approval granted under this section, not less than 30
days prior to the effective date of that approval, to the
chairperson of
the committee in each house of the Legislature that considers
appropriations, the chairpersons of the committees and the
appropriate subcommittees in each house of the Legislature that
consider the State Budget, and the Chairperson of the Joint
Legislative
Budget Committee, or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine. Increases to
reimbursements are not reportable under this section if the funding
for
the other officer, department, division, bureau, or other agency of
the
state providing the reimbursement has already been approved by the
Legislature. These adjustments are considered technical in nature and
are authorized in Section 1.50 of this act.
SEC. 29.00. The Department of Finance shall calculate and
publish a listing of total personnel-years and estimated salary
savings
for each department and agency. These listings shall be published by
the Department of Finance at the same time as the publication of (a)
the Governor's Budget, (b) the May Revision and (c) the Final Change
Book.
(a) The listing provided at the time of the publication of the
Governor's Budget shall contain estimates of personnel-years for the
prior year, current year, and budget year.
(b) The listing provided at the time of publication of the May
Revision shall contain estimates of personnel-years proposed for the
budget year.
(c) The listing provided at the time of the publication of the
Final
Change Book shall contain estimates of personnel-years for the budget
year just enacted.
SEC. 30.00. Section 13340 of the Government Code is amended
to read:
13340. (a) Except as provided in subdivision (b), on and after
July 1, 2005, no moneys in any fund that, by any statute other than a
Budget Act, are continuously appropriated without regard to fiscal
years, may be encumbered unless the Legislature, by statute,
specifies
that the moneys in the fund are appropriated for encumbrance.
(b) Subdivision (a) does not apply to any of the following:
(1) The scheduled disbursement of any local sales and use tax
proceeds to an entity of local government pursuant to Part 1.5
(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code.
(2) The scheduled disbursement of any transactions and use tax
proceeds to an entity of local government pursuant to Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code.
(3) The scheduled disbursement of any funds by a state or local
agency or department that issues bonds and administers related
programs for which funds are continuously appropriated as of June
30, 2005.
(4) Moneys that are deposited in proprietary or fiduciary funds of
the California State University and that are continuously
appropriated
without regard to fiscal years.
(5) The scheduled disbursement of any motor vehicle license fee
revenues, including the General Fund appropriations made pursuant to
Sections 11000 and 11000.1 of the Revenue and Taxation Code, to an
entity of local government pursuant to the Vehicle License Fee Law
(Part 5 (commencing with Section 10701) of Division 2 of the
Revenue and Taxation Code).
SEC. 31.00. (a) The appropriations made by this act shall be
subject, unless otherwise provided by law, to Section 13320 of, and
Article
2.5 (commencing with Section 13332) of Chapter 3 of Part 3 of
Division 3 of Title 2 of, the Government Code, requiring expenditures
to be made in accordance with the allotments and other provisions of
fiscal year budgets approved by the Department of Finance.
(b) The fiscal year budgets shall authorize, in the manner that
the
Department of Finance shall prescribe, all established positions
whose continuance for the year is approved and all new positions. No
new position shall be established unless authorized by the Department
of Finance on the basis of work program and organization.
(c) The Director of Finance, or his or her authorized designee,
shall notify the Chairperson of the Joint Legislative Budget
Committee
within 30 days of authorizing any position not authorized for that
fiscal year by the Legislature or any reclassification to a position
with
a minimum step per month of six thousand three hundred thirty-four
dollars ($6,334) as of July 1, 2004. He or she also shall report all
transfers to blanket authorizations and the establishment of any
permanent positions out of a blanket authorization.
(d) All positions administratively established pursuant to this
section during the 2004-05 fiscal year shall terminate on June 30,
2005, except for those positions that have been (a) included in the
Governor's Budget for the 2005-06 fiscal year as proposed new
positions, or (b) approved by the Department of Finance and reported
to the Legislature after the 2005-06 Governor's Budget submission to
the Legislature. The positions identified in (a) and (b) above may
be
reestablished by the Department of Finance during the 2005-06 fiscal
year, provided these positions are shown in the Governor's Budget for
the 2006-07 fiscal year as submitted to the Legislature, or in
subsequent Department of Finance letters to the Legislature, and
provided that these positions do not result in the establishment of
positions deleted by the Legislature through the budget process for
the
2005-06 fiscal year.
(e) No money in any 2004-05 fiscal year appropriation not
appropriated for that purpose may be expended for increases in salary
ranges or any other employee compensation action unless the
Department of Finance certifies to the salary and other
compensation-setting authority, prior to the adoption of the action,
that
funds are available to pay the increased salary or employee
compensation resulting from the action. Prior to certification, the
Department of Finance shall determine whether the increase in salary
range or employee compensation action will require supplemental
funding in the 2005-06 fiscal year. If the Department of Finance
determines that supplemental funding will be required, no
certification
shall be issued unless notification in writing is given by the
Department of Finance, at least 30 days before certification is made,
to the chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or a lesser time which the chairperson of the joint
committee, or his or her designee, determines.
(f) A certification on a payroll claim that expenditures therein
are
in accordance with current budgetary provisions as approved by the
Department of Finance shall be sufficient evidence to the Controller
that these expenditures comply with the provisions of this section.
SEC. 32.00. (a) The officers of the various departments, boards,
commissions, and institutions, for whose benefit and support
appropriations are made in this act, are expressly forbidden to make
any expenditures in excess of these appropriations. Any indebtedness
attempted to be created against the state in violation of this
section
shall be null and void, and shall not be allowed by the Controller
nor
paid out of any state appropriation. Any member of a department,
board, commission, or institution who shall vote for any expenditure,
or create any indebtedness against the state in excess of the
respective
appropriations made by this act shall be liable both personally and
on
his or her official bond for the amount of the indebtedness, to be
recovered in any court of competent jurisdiction by the person or
persons, firm, or corporation to which the indebtedness is owing.
(b) Subdivision (a) does not apply to the expenditure of moneys to
fund continuous appropriations, including appropriations made in the
California Constitution, and federal laws mandating the expenditure
of
funds.
SEC. 33.00. If any item of appropriation in this act is vetoed,
eliminated, or reduced by the Governor under Section 10 of Article IV
of the California Constitution, while approving portions of this act,
such veto, elimination, or reduction shall not affect the other
portions
of this act, and these other portions of this act, so approved, shall
have
the same effect in law as if any vetoed or eliminated items of
appropriation had not been present in this act, and as if any reduced
item of appropriation had not been reduced.
SEC. 33.50. Notwithstanding any other provision of law, the
Director of Finance is authorized to reduce amounts in items of
appropriation in this act for the 2004-05 fiscal year to the extent
that
savings are achieved through strategic sourcing procurement reform.
The director shall provide to the Chairperson of the Joint
Legislative
Budget Committee an implementation timeline for this section which
shall include, but is not limited to, a description of strategic
sourcing
and a report of proposed savings resulting from strategic sourcing.
This report is due at least 30 days prior to any reduction of an item
of
appropriation pursuant to this section.
SEC. 34.00. If any portion of this act is held unconstitutional,
that
decision shall not affect the validity of any other portion of this
act.
The Legislature hereby declares that it would have passed this act,
and each portion thereof, irrespective of the fact that any other
portion
be declared unconstitutional.
SEC. 34.50. (a) Notwithstanding any other provision of law, the
Director of Finance is authorized to reimburse General Fund
expenditures for the 2004-05 fiscal year from the balance in the
Public Benefit Trust Fund. The total reimbursement shall not exceed
the amount available in the Public Benefit Trust Fund.
(b) This reimbursement will result in overall General Fund
savings. It is not the intent of the Legislature in enacting this
section to
provide additional expenditure authority to state programs.
(c) It is the intent of the Legislature to review proposals and
consider whether to apportion some portion of punitive damage
awards to the state and whether the payment of those awards should
be deductible as a business expense for income tax purposes.
SEC. 35.00. (a) Notwithstanding any other provision of law, the
Director of Finance is authorized to reimburse General Fund
expenditures for the 2003-04 and 2004-05 fiscal years from the
balance in the Deficit Recovery Fund. The total reimbursement shall
not exceed the amount available in the Deficit Recovery Fund.
(b) This reimbursement will result in overall General Fund
savings. It is not the intent of the Legislature in enacting this
section to
provide additional expenditure authority to state programs.
SEC. 35.50. (a) For purposes of paragraph (1) of subdivision (f)
of Section 10, and subdivision (f) of Section 12, of Article IV of
the
California Constitution, "General Fund revenues" means the total
resources available to the General Fund for a fiscal year.
(b) For purposes of subdivision (f) of Section 12 of Article IV of
the California Constitution, the estimate of General Fund revenues
for
the 2004-05 fiscal year pursuant to this act, as passed by the
Legislature, is $80,390,500,000.
SEC. 36.00. This act, inasmuch as it provides for appropriations
for the usual and current expenses of the state, shall, under the
provisions of Section 8 of Article IV of the California Constitution,
take effect immediately.
SEC. 37.00. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
This act makes appropriations and contains related provisions for
support of state and local government for the 2004-05 fiscal year and
provides for capital outlay appropriations in continuance of existing
programs and to promote and sustain the economy of the state. It is
imperative that these appropriations be made available for
expenditure not later than July 1, 2004. It is therefore necessary
that
this act go into immediate effect.
INDEX BY BUDGET TITLE
SEC. 99.00. The following provides an index to the
appropriations and related provisions of this act, by organization in
alphabetical order, with the code number of the affected
organization.
The organization code is the first four numbers of any item number in
this act. For ease of reference, the appropriation items in this act
are
organized in numerical order, and all of the appropriation items for
any one organization are adjacent to one another.
Department Organization Code
"A"
Administrative Law, Office of . . . 8910
Aging, Commission on . . . 4180
Aging, Department of . . . 4170
Agricultural Labor Relations Board . . . 7300
Air Resources Board, State . . . 3900
Alcohol and Drug Programs, Department of . . . 4200
Alcoholic Beverage Control, Department of . . . 2100
Alcoholic Beverage Control Appeals Board . . . 2120
Alternative Energy and Advanced Transportation Financing Authority,
California . . . 0971
Arts Council, California . . . 8260
Assembly . . . 0120
Audits, Bureau of State . . . 8855
"B"
Baldwin Hills Conservancy . . . 3835
Bay-Delta Authority, California . . . 3870
Boards. See subject (e.g., Air Resources, Control, etc.) . . .
Boating and Waterways, Department of . . . 3680
Business, Transportation and Housing, Secretary for . . . 0520
"C"
Capital Outlay Planning and Studies Funding . . . 9860
Child Support Services, Department of . . . 5175
Chiropractic Examiners, Board of . . . 8500
Citizens' Compensation Commission, California . . . 8385
Coachella Valley Mountains Conservancy . . . 3850
Coastal Commission, California . . . 3720
Coastal Conservancy, State . . . 3760
Colorado River Board of California . . . 3460
Community Colleges, Board of Governors of the California . . . 6870
Community Services and Development . . . 4700
Conservation, Department of . . . 3480
Conservation Corps, California . . . 3340
Consumer Affairs-Bureaus, Programs and Divisions, Department of . .
. 1111
Consumer Affairs-Regulatory Boards, Department of . . . 1110
Consumer Power and Conservation Financing Authority, California . .
. 8665
Contingencies or Emergencies, Augmentation for . . . 9840
Contingencies or Emergencies, Loans for . . . 9850
Contributions to. See subject (e.g., Judges' Retirement, Teachers'
Retirement, etc.) . . .
Controller, State . . . 0840
Corporations, Department of . . . 2180
Correctional Peace Officers' Standards and Training, Commission on
. . . 5480
Corrections, Board of . . . 5430
Corrections, Department of . . . 5240
Councils. See subject (e.g., Arts, etc.) . . .
"D"
Debt and Investment Advisory Commission, California . . . 0956
Debt Limit Allocation Committee, California . . . 0959
Delta Protection Commission . . . 3840
Department of. See subject (e.g., Corrections, Food and Agriculture,
etc.) . . .
Developmental Disabilities, State Council on . . . 4100
Developmental Services, Department of . . . 4300
"E"
Education Audit Appeals Panel . . . 6125
Education, Department of . . . 6110
Education, Office of the Secretary for . . . 0558
Electricity Oversight Board . . . 8770
Emergency Medical Services Authority . . . 4120
Emergency Services, Office of . . . 0690
Employee Compensation, Augmentation for . . . 9800
Employment Development Department . . . 7100
Energy Resources Conservation and Development Commission . . .
3360
Environmental Health Hazard Assessment, Office of . . . 3980
Environmental Protection, Secretary for . . . 0555
Equalization, State Board of . . . 0860
Equity Claims of California Victim Compensation and Government
Claims Board and Settlements and Judgments by Department of
Justice . . . 9670
"F"
Fair Employment and Housing Commission . . . 1705
Fair Employment and Housing, Department of . . . 1700
Fair Political Practices Commission . . . 8620
Finance, Department of . . . 8860
Financial Institutions, Department of . . . 2150
Fish and Game, Department of . . . 3600
Food and Agriculture, Department of . . . 8570
Forestry and Fire Protection, Department of . . . 3540
Franchise Tax Board . . . 1730
"G"
Gambling Control Commission, California . . . 0855
General Services, Department of . . . 1760
Golden State Tobacco Securitization Corporation . . . 9612
Governor's Office . . . 0500
"H"
Hastings College of the Law . . . 6600
Health and Human Services, Secretary for California . . . 0530
Health and Human Services Agency Data Center . . . 4130
Health and Dental Benefits for Annuitants . . . 9650
Health Services, Department of . . . 4260
High-Speed Rail Authority . . . 2665
Highway Patrol, Department of the California . . . 2720
Horse Racing Board, California . . . 8550
Housing and Community Development, Department of . . . 2240
"I"
Independent Living Council, State . . . 5170
Industrial Development Financing Advisory Commission, California .
. . 0965
Industrial Relations, Department of . . . 7350
Institutions (See Department of Corrections, State Department of
Health, etc.) . . .
Inspector General, Office of . . . 0552
Insurance, Department of . . . 0845
Integrated Waste Management Board, California . . . 3910
Interest Payments to the Federal Government . . . 9625
"J"
Joint Expenses (Legislature) . . . 0130
Judges' Retirement Fund, Contributions to . . . 0390
Judicial Performance, Commission on . . . 0280
Judiciary . . . 0250
Justice, Department of . . . 0820
"L"
Lands Commission, State . . . 3560
Labor and Workforce Development Agency . . . 0559
Law Revision Commission, California . . . 8830
Legislative Analyst, Office of the . . . 0130
Legislative Counsel Bureau . . . 0160
Legislature (See Assembly, Senate, or Joint Expenses) . . .
Library, California State . . . 6120
Lieutenant Governor, Office of the . . . 0750
Local Government Financing . . . 9210
Lottery Commission, California State . . . 0850
"M"
Managed Health Care, Department of . . . 2400
Managed Risk Medical Insurance Board . . . 4280
Mandates, Commission on State . . . 8885
Medical Assistance Commission, California . . . 4270
Mental Health, Department of . . . 4440
Military Department . . . 8940
Milton Marks "Little Hoover" Commission on California State
Government Organization and Economy . . . 8780
Motor Vehicles, Department of . . . 2740
"N"
Native American Heritage Commission . . . 3780
"O"
Occupational Information Coordinating Committee, California . . .
6330
Office of. See subject (e.g., Emergency Services, Planning and
Research, etc.) . . .
"P"
Parks and Recreation, Department of . . . 3790
Payment of Interest on General Fund Loans . . . 9620
Payment to Counties for Costs of Homicide Trials . . . 8180
Peace Officer Standards and Training, Commission on . . . 8120
Personnel Administration, Department of . . . 8380
Personnel Board, State . . . 1880
Pesticide Regulation, Department of . . . 3930
Pilot Commissioners for the Bays of San Francisco, San Pablo and
Suisun, Board of . . . 8530
Planning and Research, Office of . . . 0650
Political Reform Act of 1974 . . . 8640
Postsecondary Education Commission, California . . . 6420
Prison Terms, Board of . . . 5440
Public Defender, State . . . 8140
Public Employees' Retirement System . . . 1900
Public Employment Relations Board . . . 8320
Public Utilities Commission . . . 8660
"Q"
Quality Education Commission, California . . . 6130
"R"
Real Estate, Department of . . . 2320
Real Estate Appraisers, Office of . . . 2310
Rehabilitation, Department of . . . 5160
Resources, Secretary for . . . 0540
"S"
San Diego River Conservancy . . . 3845
San Francisco Bay Conservation and Development Commission . . .
3820
San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy . . . 3825
San Joaquin River Conservancy . . . 3830
Santa Monica Mountains Conservancy . . . 3810
Scholarshare Investment Board . . . 0954
School Finance Authority, California . . . 0985
Science Center, California . . . 1100
Secretary of State . . . 0890
Seismic Safety Commission . . . 8690
Senate . . . 0110
Social Services, Department of . . . 5180
Special Resources Program . . . 3110
Special Transportation Programs . . . 2640
State. See subject (e.g., Controller, Treasurer, etc.) . . .
State and Consumer Services, Secretary for . . . 0510
State Mandates, Commission on . . . 8885
Statewide Health Planning and Development, Office of . . . 4140
Status of Women, Commission on the . . . 8820
Stephen P. Teale Data Center . . . 2780
Student Aid Commission . . . 7980
Summer School for the Arts, California State . . . 6255
"T"
Tahoe Conservancy, California . . . 3125
Tax Credit Allocation Committee, California . . . 0968
Tax Relief . . . 9100
Teacher Credentialing, Commission on . . . 6360
Teachers' Retirement System, State . . . 1920
Toxic Substances Control, Department of . . . 3960
Traffic Safety, Office of . . . 2700
Transportation, Department of . . . 2660
Transportation Commission, California . . . 2600
Transportation Programs, Special . . . 2640
Treasurer, State . . . 0950
Trial Court Funding, State . . . 0450
"U"
Uniform State Laws, Commission on . . . 8840
University, California State . . . 6610
University of California . . . 6440
"V"
Veterans Affairs, Department of . . . 8955
Veterans' Home of California--Barstow . . . 8965
Veterans' Home of California--Chula Vista . . . 8966
Veterans' Home of California--Yountville . . . 8960
Victim Compensation and Government Claims Board, California . . .
8700
"W"
Water Resources, Department of . . . 3860
Water Resources Control Board, State . . . 3940
Wildlife Conservation Board . . . 3640
Workforce Investment Board, California . . . 7120
"Y"
Youth and Adult Correctional Agency, Secretary for . . . 0550
Youth Authority, Department of the . . . 5460
INDEX FOR CONTROL SECTIONS
SEC. 99.50. The following is an index to the general sections of
this
act. These sections serve to define terms and identify restrictions
concerning the appropriations contained in this act.
1.00 Budget Act Citation
1.50 Intent and Format
2.00 Availability of Appropriations
3.00 Defines Purposes of Appropriations
3.50 Benefit Charges Against Salaries and Wages
3.60 Contribution to Public Employees' Retirement Benefits
4.10 Employee Compensation Savings
4.11 Establishing New Positions
4.20 Contribution to Public Employees' Contingency Reserve Fund
4.30 Lease Revenue Payment Adjustments
4.35 Loaned Positions
4.45 e-Budget
4.60 Rent Increase
4.80 State Public Works Board Interim Financing
4.90 Architectural Revolving Fund Transfer
4.95 Inmate Construction Revolving Account Transfer
5.25 Attorney's Fees
5.30 Department of Justice Attorney's Fees
5.40 CALFED Bay-Delta Program
6.00 Project Alterations Limits
6.60 Workers' Compensation Survey
8.00 Anti-Terrorism Federal Reimbursements
8.50 Federal Funds Receipts
8.51 Federal Funds Accounts
8.52 Federal Reimbursements
9.20 Administrative Costs Associated With the Acquisition of
Property
9.30 Federal Levy of State Funds
9.45 Proposition 40-Reporting Requirements
9.50 Minor Capital Outlay Projects
11.00 EDP/Information Technology Reporting Requirements
11.10 Reporting of Statewide Software License Agreements
11.11 Privacy of Information in Pay Stubs
11.52 Transfer of Unencumbered Balance of Various Funds to the
General Fund
12.00 State Appropriations Limit (SAL)
12.10 Brown vs. U.S. Health and Human Services Settlement
Payments
12.30 Special Fund for Economic Uncertainties
12.32 Proposition 98 Funding Guarantee
12.40 Mega-Item Flexibility
12.60 Categorical Contingency Transfer Authority for
Deficiencies
12.75 Basic Aid Categorical Reduction K-12
13.00 Legislative Counsel Bureau
14.00 Special Fund Loans Between Boards of the Department of
Consumer Affairs
15.00 Data Center Consolidation
16.00 Traffic Congestion Relief Fund Loan Repayment
17.00 Federal Health Insurance Portability and Accountability
Act
(HIPAA)
24.00 State School Fund Allocations
24.03 Reading Control
24.10 Transfer Surplus of Driver Training Penalty Assessment
Fund to the General Fund
24.30 Transfer School Building Rental Income to the General Fund
24.60 Report of Lottery Funds Received
24.70 Local Educational Agency Fiscal Accountability
25.25 21st Century Project
25.50 SCO Apportionment Payment System Assessments
26.00 Intraschedule Transfers
28.00 Program Change Notification
28.50 Agency Reimbursement Payments
29.00 Personnel-Year Estimates of Governor's Budget, May
Revision and Final Change Book
30.00 Continuous Appropriations
31.00 Budget Act Administrative Procedures for Salaries and
Wages
32.00 Prohibits Excess Expenditures
33.00 Item Veto Severability
33.50 Strategic Sourcing
34.00 Constitutional Severability
34.50 General Fund Public Benefit Trust Fund
35.00 General Fund Deficit Recovery Payments
35.50 Estimated General Fund Revenue pursuant to Assembly
Constitutional Amendment 5 of the Fifth Extraordinary Session
36.00 Provides that Budget Act is for Usual and Current Expenses
37.00 Urgency Clause
99.00 Alphabetical Organization Index
99.50 Numerical Control Section Index